his Book Procure reverence to the King and the Law Inform my people truly of me which we know is hard to do according to the Excellency of his Merit but yet Endeavour it How zealous I am for Religion How I desire Law may be maintained and flourish That every Court should have his Iurisdiction That every Subject should submit himselâ— to the Law And of this you have had of lâ—te no small Occasion of Notice and Remembrance by the great and strait Charge that the King haâ—h given me as Keeper of his Seal for the Governing of the Chancery without Tumour or Excesse Again è re natae you at this present ought to make the People know and consider â—he Kings Blâ—ssed Care and Pâ—ovidence in goveâ—ning this Realm in his Absence So thâ—t sitting at the Helm of another Kingdom Nâ—t without gâ—eat Affairs and Business yet he governs all things here by his Letters and Directions as punctually and perfectly as if he were present I assure you my Lords of the Counsell and I do much admire the Extention and Latitude of his Care in all Things In the High Commission he did conceive a Sinnâ—w of Government was a little shrunk He recommended the care of it He hath called for the Accounts of the last Circuit from the Judges to be transmitted unto him into Scotland Touching the Infestation of Pyrates he hath been carefull and is and hath put things in way All things that concern the Reformation or the Plantation of Ireland He hath given in them punctuall and resolute Diâ—ections All this in Absence I give but a few Instances of a publique Nature The Secrets of Counsell I may not enter into Though his Dispatches into France Spain and the Low-Countries now in his absence are also Notorious as to the outward sending So that I must conclude that his Majesty wants but more Kingdomes For I see he could suffice to all As for the other Glasse I told you of Of representing to the King the Griefs of his People without doubt it is properly your Part For the King ought to be informed of any thing amisse in the state of his Countries from the Observations and Relations of the Iudges That indeed know the Pulse of the Country Rather then from Discourse But for this Glasse thanks be to God I do hear from you all That there was never greater Peace Obedience and Contentment in the Country Though the best Governments be alwayes like the fairest Crystals wherin every little Isicle or Grain is seen which in a Fouler Stone is never perceived Now to some Particulars and not Many Of all other things I must begin as the King begins That is with the Cause of Religion And especially the Hollow Church Papist Saint Aug. hath a good Comparison of such Men affirming That â—hey are like the Roots of Nettles which themselves sting not but yet â—hey bear all the Stinging Leaves Let me know of such Roots and I will root them out of the Country Next for the Matter of Religion In the principall place I recommend both to you and the Iustices the Countenancing of Godly and Zealous Preachers I mean not Sectaries or Novellists But those which are sound and conform But yet pious and Reverend For there will be a perpetuall Defection except you keep Men in by Preaching as well as Law doth by punishing And commonly Spirituall Diseases are not Cured but by Spirituall Remedies Next let me commend unto you the Repressing as much as may be of Faction in the Countrys of which ensue infinite Inconveniences and perturbations of all good Order And Crossing of all good Service in Court or Country or wheresoever Cicero when he was Consul had devised a fine Remedy A Milde one but an effectuall and an apt one For he saith Eos qui otium perturbant reddam otiosos Those that trouble others Quiet I will give them Quiet They shall have nothing to do Nor no Authority shall be put into their Hands If I may know from you of any who are in the Country that are Heads or Hands of Faction Or Men of turbulent Spirits I shall give them Cicero's Reward as much as in me is To conclude study the Kings Book And study your selves how you profit by it And all shall be well And you the Iustices of Peace in particular Let me say this to you Never King of this Realm did you so much Honour as the King hath done you in his Speeeh By being your immediâ—te Directors And by sorting you and your seâ—vice with the Service of Ambassadours and of his nearest Attendants Nay more it seems his Majesty is willing to do the state of Iustice of Peace Honour actively also By bringing in with time the like Form of Commission into the Government of Scotland As that Glorious King Edward the third did plant this Commission here in this Kingdome And therefore you are not fit to be Coppies except you be Fair Written without Blots or Blurs or any thing unworthy your Authority And so I will trouble you no longer for this time The Speech used by Sir Francis Bacon Lord Keeper of the Great Seal of England to Sir William Jones upon his calling to be Lord Chief Justice of Ireland 1617. Sir WILLIAM IONES THe Kings most Excellent Majesty being duly informed of your sufficiency every way Hath called you by his Writ now returned to the State and Degree of a Serjeant at Law But not to stay there but being so qualified to serve him as his Chief Iustice of his Kings Bench in his Realm of Ireland And therefore that which I shall say to you must be applied not to your Sâ—rjeants place which you take but in passage But to that great place where you are to settle And because I will not spend Time to the Delay of the Businesse of Causes of the Court I will lead you the short Iourney by Examples and not the Long by Precepts The Place that you shall now serve in hath been fortunate to be well served in four successions before you Do but take unto you the Constancy and integrity of Sir Robert Gardiner The Gravity Temper and Direction of Sir Iames Lea The Quicknesâ—e Industry and Dispatch of Sir Humphry Winch The Care and Affection to the Common-wealth and the Prudent and Politick Administration of Sir Iohn Denham And you shall need no other Lessons They were all Lincolns Inn Men as you are You have known them as well in their Beginnings as in their Advancement But because you are to be there not only Chief Iustice but a Counseller of Estate I will put you in mind of the great Work now in hand that you may raise your thoughtes according unto it Ireland is the last Ex Filiis Europae which hath been reclaimed from Desolation and a Desert in many parts to Population and Plantation And from Savage and Barbarous Customes to Humanity and Civility This is the Kings Work in chief It is his Garland of Heroicall Vertue
Princes can have no Justice without treading in their steps Secondly his Lordship did observe some Improbability that the wrongs should be so great considering Trading into those parts was never greater whereas if the wrongs and griefs were so intollerable and continuall as they propound them It would work rather a generall Discouragement and Coldness of Trade in Fact Then an earnest and hot Complaint in Words Thirdly his Lordship did observe That it is a Course howsoever iâ— may be with a good Intent yet of no small presumption for Merchants upon their particular Grievances to urge things tending to a direct War Considering that nothing is more usuall in Treaties then that such particular Dammages and Molestations of Subjects are left to a Form of Justice to be righted And that the more high Articles do retain nevertheless their vigour inviolably And that the great Bargain of the Kingdome for War and Peace may in no wise depend upon such petty Forfeitures No more then in common Assurance between Man and Man it were fit that upon every breach of Covenants there should be limitted a Re-entry Fourthly his Lordship did observe In the manner of preferring their Petition they had inverted due order Addressing themselves to the Foot and not to the Head For considering that they prayed no new Law for their Relief And that it concerned Matter of Inducement to War or Peace They ought to have begun with his Majesty unto whose Royall Judgement Power and Office did properly belong the discerning of that which was desired The putting in Act of that which mought be granted And the Thanks for that which mought be obtained Fâ—fthly his Lordship did observe That as they had not preferred their Petition as it should be So they had not pursued their own Direction as it was For having directed their Petition to the King the Lords spirituall and Temporall and the Commons in Parliament assembled It imported as if they had offered the like Petition to the Lords which they never did Contrary Not onely to their own Direction but likewise to our Conceipt who presupposed as it should seem by some Speech that passed from us at a former Conference That they had offered severall Petitions of like tenour to both Houses So have you now those eight Observations part Generall part Speciall which his Lordship made touching the Persons of those which exhibited the Petition and the Circumstances of the same For the Matter of the Petition it self his Lordship made this Division That it consisteth of three parts First of the Complaints of wrongs in Fact Secondly of the Complaints of wrongs in Law As they may be truly termed That is of the Inequality of Lawes which do regulate the Trade And thirdly the Remedy desired by Letters of Mart. The wrongs in Fact receive a locall Distribution of three In the Trade to Spain In the Trade to the Westâ—Indies And in the Trade to the Levant Concerning the Trade to Spain Although his Lordship did use much signification of Compassion of the Injuries which the Merchants received And attributed so much to their Profession and Estate As from such a mouth in such a Presence they ought to receive for a great deal of Honour and Comfort which Kind of Demonstration he did enterlace throughout â—is whole Speech as proceeding Ex Abundantiâ Cordis yet nevertheless he did remember four Excusations or rather Extenuations of those wrongs The first was that the Injustices complained of were not in the Highest Degree Because they were Delayes and hard proceedings and not Inique Sentences or definitive Condemnations Wherein I called to mind what I heard a great Bishop say That Courts of Iustice though they did not turn Iustice into Wormwood by Corruption yet they turned it into Vinegar by Delaies which sowred it Such a Difference did his Lordship make which no question is a Difference secundum Magis Minus Secondly his Lordship ascribed these Delayes not so much to Mallice or Alienation of Mind towards us As to the Nature of the People and Nation which is Proud and therefore Dilatory For all proud Men are full of Delayes and must be waited on And specially to the Multitudes and Diversities of Tribunals and places of justice And the Number of the Kings Counsels full of Referrings which ever prove of necessity to be Deferrings Besides the great Distance of Territories All which have made the Delayes of Spain to come into a Byword through the World Wherein I think his Lordship might allude to the Proverb of Italy Me Venga la Morte di Spagna Let my Death come from Spain For then it is sure to be long a comming Thirdly his Lordship did use an Extenuation of these wrongs drawn from the Nature of Man Nemo subitò fingitur For that we must make an account That though the Fire of Enmity be out between Spain and us yet it vapoureth The utter Extincting whereof must be the work of Time But lastly his Lordship did fall upon that Extenuation which of all the rest was must forcible which was That many of these wrongs were not sustained without some Aspersion of the Merchants own Fault in ministring the Occasion which grew chiefly in this manner There is contained an Article in the Treaty between Spain and us That we shall not transport any Native Commodities of the Low-Countreys into Spain Nay more that we shall not transport any Opificia Manufactures of the same Countreys So that if an English Cloath take but a Dye in the Low Countryes it may not be transported by the English And the Reason is because even those Manufactures although the Materiall come from other Places do yield unto them a Profit and Sustentation in regard their People are set on work by them They have a gain likewise in the Price And they have a Custome in the Transporting All which the Pollicy of Spain is to debar them of Being no less desirous to Suffocate the Trade of the Low-Countries then to reduce their Obedience This Article the English Merchant either doth not or will not understand But being drawn with his threefold Cord of Love Hate and Gain They do adventure to transport the Low-Countrey Commodities of these natures And so draw upon themselves these Arrests and Troubles For the Trade to the Indies His Lordship did discover unto us the state of it to be thus The Pollicy of Spain doth keep that Treasury of theirs under such Lock and Key as both Confederates yea and Subjects are excluded of Trade into those Countries Insomuch as the French King who hath reason to stand upon equall termes with Spain yet nevertheless is by expresse Capitulation debarred The Subjects of Portugall whom the State of Spain hath studied by all means to content are likewise debarred Such a vigilant Dragon is there that keepeth this Golden Fleece yet neverthelesse such was his Majesties Magnanimity in the Debate and Concluâ—ion of the last Treaty As he would never condiscend to any Article importing
do acknowledge my Soveraign Liege Lord King James to be lawfull and undoubted King of all the Kingdomes of England Scotland and Ireland And I will bear true faith and Allegeance to his Highness during my life NOw my Lords upon these words I charge William Talbot to have committed a great Offence And such an one as if he had entred into a voluntary and malicious Publication of the like writing It would have been too great an Offence for the Capacity of this Court But because it grew from a Question askt by a Councell of â—state And so rather seemeth in a favourable Construction to proceed from a kind of Submission to answer then from any malicious or insolent Will it was fit according to the Clemency of these Times to proceed in this maner before your Lordships And yet let the Hearers take these things right For certainly if a Man be required by the Lords oâ— the Councell to deliver his Opinion whether King Iames be King or no And He deliver his Opinion that He is not This is High Treason But I do not say that these words amount to thatâ— And therefore let me open them truly to your Lordships And thereiâ— open also it may be the Eyes of the Offender Himself how far they reach My Lords a Mans Allegeance must be Independant not provisionall and conditionall Elizabeth Barton that was called the Holy Maid of Kent affirmed That if K. H. 8. Did not take Katherine of Spain again to his Wife within a twelve moneth he should be no King And this was judged Treason For though this Act be Contingent and Future yet Treason of compassing and imagining the Kings Destruction is present And in like manner if a Man should voluntarily publish or maintain That whensoever a Bull or Deprivation shall come forth against the King that from thenceforth he is no longer King This is of like Nature But with this I do not charge you neither But this is the true Latitude of your Words That if the Doctrine touching the Killing of Kings be Matter of Faith that you submit your self to the Judgement of the Catholick Roman Church So as now to do you right your Allegeance doth not depend simply upon a Sentence of the Popes Deprivation against the King But upon another point also If these Doctrines be already or shall be declared to be Matter of Faith But my Lords there is little won in this There may be some Difference to the guiltinesse of the Party But there is little to the Danger of the King For the same Pope of Rome may with the same breath declare boâ—h So as still upon the matter the King is made but Tennant at will of his Life and Kingdomes And the Allegiance of his Subjects is pinn'd upon the Popes Act. And Certainly it is Time to stop the Current of this Opinion of Acknowledgement of the Popes power in Temporalibus Or elâ—e it will supplant the Seat of Kings And let it not be mistaken that Mr. Talbots Offence should be no more then the Refusing the Oath of Allegiance For it is one thing to be silent and another thing to affiâ—m As for the Point of Matter of Faith or not of Faith To tell your Lordships plain it would astonish a Man to see the Gulf of this implyed â—eliefe Is nothing excepted from it If a Man should ask Mr. Talbot whether he do condemn Murther or Adultery or Rape or the Doctrine of Mahomet or of Arius in stead of Zuarius Must the Answer be with this exception that if the Question concern matter of Faith as no question it doth for the Moral Law is matter of Faith That therein he wil submit himself to what the Church shall determine And no doubt the Murther of Princes is more then Simple Murther But to conclude Talbot I will do you this Right and I will noâ— be reserved in this but to declare that that is true That you came afterwards to a better mind Wherein if you had been constant the King out of his great goodnesse was resolved not to have proceeded with you in Course of Justice But then again you Started aside like a Broken Bow So that by your Variety and Vacillation you lost the acceptable time of the first Grace which was Not to have convented you Nay I will go farther with you Your last Submission I conceive to be Satisfactory and Compleat But then it was too late The Kings Honour was upon it It was published and the Day appointed for Hearing Yet what preparation that may be to the Second Grace of Pardon that I know not But I know my Lords out of their accustomed favour will admit you not only to your Defence concerning that that hath been Charged But to extenuate your Fault by any Submission that now God shall put into your mind to make The Charge given by Sr. Francis Bacon his Majesties Atturney Generall against Mr. I.S. for Scandalizing and Traducing in the publick Sessions Letters sent from the Lords of the Councell touching the Benevolence MY Lords I shall inform you ore tenus against this Gentleman Mr. I. S. A Gentleman as it seems of an ancient House and Name But for the present I can think of him by no other Name then the Name of a great Offender The Nature and Qualityâ— of his Offence in sum is this This Gentleman hath upon advice not suddenly by his Pen Nor by the Slip of his Tongue Not privatly or in a Corner but publickly As it were to the face of the Kings Ministers and Iustices Slandered and Traduced The King our Soveraign The Law of the Land The Parliament And infinite Particulars of his Majesties worthy and loving Subjects Nay the Slander is of that Nature that it may seem to interest the People in Grief and Discontent against the State whence mought have ensued Matter of Murmur and Sedition So that it is not a Simple Slander but a Seditious Slander like to that the Poet speaketh of Calamosque armare Veneno A Venemous Dart that hath both Iron and Poysonâ— To open to your Lordships the true State of this Offence I will set before you First the Occasion whereupon Mr. I. S. wrought Thâ—n the Offence it self in his own words And lastly the Points of his Charge My Lords you may remember that there was the last Parliament an Expectation to have had the King supplied with Treasure although the Event failed Herein it is not fit for me to give opinion of an House of Parliament But I will give testimony of Truth in all places I served in the Lower House and I observed somewhat This I do affirm That I never could perceive but that there was in that House a generall Disposition to give And to give largely The Clocks in the House perchance might differ Some went too fast some went too slow But the Disposition to give was generall So that I think I may truly say Solo tempore lapsus Amor. This Accident happening
thereupon takes Pen in hand and in stead of excusing himself sets down and contriveth a seditious and libellouâ— Accusation against the King and State which your Lordships shall now hear And sends it to the Majour And witâ—all because the Feather of his Quill might fly abroad he gives authority to the Majour to impart it to the Iustices if he so thought good And now my Lords because I will not mistake or mis-repeat you shall hear the Seditious Libell in the proper termes and words thereof Here the Papers were read MY Lords I know this Paper offends your Ears much and the Eares of any good Subject And sorry I am that the Times should produce Offences of this nature But since they do I would be more sorry they should be passed without severe punishment Non tradite factum as the Verse sayes altered a little Aut si tradatis Facti quoque tradite poenam If any man have a mind to discourse of the Fact let him likewise discourse of the punishment of the Fact In this Writing my Lords there appears a Monster with four Heads Of the progeny of him that is the Father of Lies and takes his Name from Slander The first is a wicked and seditious Slander Or if I shall use the Scripture phrase a Blasphemingâ— of the King himself Setting him forth for a Prince perjured in the great and solemne Oath of his Coronation which is as it were the Knot of the Diademe A Prince that should be a Violatour and Infringer of the Liberties Lawes and Customes of the Kingdome A mark for an H. the 4th A Match for a R. the 2d. The Second is a Slander and Falsification and wresting of the Law of the Land grosse and palpable It is truly said by a Civilian Tortura Legum pessima The Torture of Lawes is worse then the Torture of Men. The Third is a slander and false charge of the Parliament That they had denied to give to the King A Point of notorious untruth And the last is a Slander and Taunting of an infinite Number of the Kings loving Subjects that have given towards this Benevolence and free Contribution Charging them as Accessary and Coadjutours to the Kings Perjury Nay you leave us not there But you take upon you a Pontificall Habite And couple your Slander with a Curse But thanks be to God we have learned sufficiently out of the Scripture That as the Bird flies away so the causelesse Curse shall not come For the first of these which concerns the King I have taken to my self the opening and Aggravation thereof The other three I have distributed to my Fellows My Lords â— cannot but enter into this part with some Wonder and Astonishment How it should come into the Heart of a Subject of England to vapour forth such a wicked and venemous slander against the King whose Goodness Grace is comparable if not incomparable unto any the Kings his Progenitors This therefore gives me a Just necessary occasion to do two things The one to make some Representation of his Majesty Such as truly he is found to be in his Government which Mr. I. S. chargeth with Violation of Lawes and Liberties The other to search and open the Depth of Mr. I.S. his Offence Both which I will do briefly Because the one I cannot expresse sufficiently And the other I will not presse too far My Lords I mean to make no Panegyrick or Laudative The Kings delights not in it neither am I fit for it But if it were but a Councellor or Noble-man whose Name had suffered and were to receive some kind of Reparation in this High Court I would do him that Duty as not to pass his Merits and just Attributes especially such as are limitted with the present Case in silence For it is fit to burn Incense where evill Odours have been cast and raised Is it so that King Iames shall be said to be a Violater of the Liberties Lawes and Customes of his Kingdomes Or is he not rather a noble and Constant Protector and Conservator of them all I conceive this consisteth in maintaining Religion and the true Church In maintaining the Lawes of the Kingdom which is the Subjects Birth-right In temperate use of the Prerogative In due and free Administration of Iustice And Conservation of the Peace of the Land For Religion we must ever acknowledge in first place that we have a King that is the Principall Conservator of true Relâ—gion through the Christian World He hath maintained it not only with Scepter and Sword But likewise by his Pen wherein also he is Potent He hath Awaked and Reauthorized the whole Party of the Reformed Religion throughout Europe which through the Insolency and diverse Artifices and Inchantments of the advers part was grown a little Dull and Dejected He hath summoned the Fraternity of Kings to infranchise Themselves from the Usurpation of the see of Rome He hath made himself a Mark of Contradiction for it Neither can I omit when I speak of Religion to remember that excellent Act of his Majesty which though it were done in a Forraign Country yet the Church of God is one And the Contagion of these things will soon pass Seas and Lands I mean in his constant and holy proceeding against the Heretick Vorstius whom being ready to enter into the Chair and there to have authorized one of the most pestilent and Heathenish Heresies that ever was begun His Majesty by his constant opposition dismounted and pulled down And I am perswaded there sits in this Court one whom God doth the rather blesse for being his Majesties Instrument in that Service I cannot remember Religion and the Church but I must think of the seed-plots of the same which are the Vniversities His Majesty as for Learning amongst Kings he is incomparable in his Person So likewise hath he been in his Government a benigâ— or benevolent planet towards Learning By whose influence those Nurseries and Gardens of Learning the Vniversities were never morâ— in Flower nor Fruit. For the Maintaining of the Lawes which is the Hedge and Fence about the Liberty of the Subject I may truly affirm it was never in better repair He doth concur with the Votes of the Nobles Nolumus Leges Angliae mutare He is an Enemy of Innovation Neither doth the Universality of his own Knowledge carry him to neglect or pass over the very Formes of the Lawes of the Land Neither was there ever King I am perswaded that did consult so oft with his Iudges As my Lords that sit here know well The Iudges are a kind of Councell of the Kings by Oath and ancient Institution But he useth them so indeed He confers regularly with them upon their Retâ—rnes from their Visitations and Circuits He gives them Liberty both to enform him and to debate matters with him And in the Fall and Conclusion commonly relyeth on their Opinions As for the use of the Prerogative it runs within the ancient Channels
and Banks Some Things that were conceived to be in some Proclamations Commissions and Pattents as Overflowes have been by his Wisedom and Care reduced whereby no doubt the Main Channell of his Prerogative is so much the stronger For evermore Overflowes do hurt the Channell As for Administration of Iustice between Party and Party I pray observe these points There is no Newes of Great Seal or Signet that flies abroad for Countenance or Delay of Causes Protections rarely granted and only upon great Ground or by Consent My Lords here of the Councell and the King himself meddle not as hath been used in former times with Matters of Meum and Tuum except they have apparent mixture with Matters of Estate but leave them to the Kings Courts of Law or Equity And for Mercy and Grace without which there is no standing before Iustice we see the King now hath raigned 12. years in his White Robe without almost any Aspâ—rsionâ— of the Crimsâ—n Die of â—lood There sits my Lord Hobâ—rt â—hat served Atâ—urney seven years I served with him We were so happy as there passed not through our hands any one Arraignment for Treason And but one for any Capitall Offence which was that of the Lord Sanquier The Noblest piece of Iustice one of them that ever came â—orth in any Kings Times As for Penall Lawes which lie as Snares upon the Subjects And which were as a Nemo seit to King Henry 7. It yeelds a Revenue that will scarce pay for the Parchment of the Kings Records at Wâ—stminster And lastly for Peace we see manifestly his Majesty bears some Resemblance of that great Name A Prince of Peace He haâ—h preserved his Subjects during his Raign in Peace both within and wiâ—hout For the Peace with States abroad We have it usque ad Satietatem And for Peace in the Lawyers phrase which count Trespasses and Forces and Riots to be Contra pacem Leâ— me give your Lordships this Token or Tast That this Court where they should appear had never lesse to do And certainly there is no better Sign of Omnia benè then when this Court is in a Still But my Lords this is a Sea of Matter And therefore I must give it over and conclude That there was never King raigned in this Nation that did better keep Covenant in preserving the Liberties and procuring the Good of his People So that I must needs say for the Subjects of England O Fortunatos nimium sua si bona nôrint As no doubt they do both know and acknowledge it Whatsoever a few turbulent Discoursers may through the Lenity of the time take Boldness to speak And as for this particular touching the Benevolence wherein Mr. I.S. doth assign this breach of Covenant I leave it to others to tell you what the King may do Or what other Kings have done But I have told you what our King and my Lords have done Which I say and say again is so far from introducing a new President As it doth rather correct and mollifie and qualifie former presidents Now Mr. I. S. let me tell you your fault in few words For that I am perswaded you see it already Though I wooe no Mans Repentance But I shall as much as in me is cherish it where I find it Your Offence hath three parts knit together Your Slander Your Menace and Your Comparison For your Slander it is no lesse then that the King is perjured in his Coronation Oath No greater Offence then Perjury No greater Oath then that of a Coronation I leave it It is too great to aggravate Your Menace that if there were a Bulling-broke or I cannot tell what there were Matter for him is a very seditious Passage You know well that howsoever Henry the fourths Act by a secret Providence of God prevailed yet it was but an Vsurpation And if it were possible for such a one to be this day wherewith it seemes your Dreames are troubled I do not doubt his End would be upon the Block And that he would sooner have the Ravens sit upon his Head at London Bridge then the Crown at Westminster And it is not your interlacing of your God forbid that will salve these seditious Speeches Neither could it be a Fore-warning because the Matter was past and not revocable But a very Stirring up and Incensing of the People If I should say to you for Example if these times were like some former times of King H. 8 Or some other times which God forbid Mr. I. S it would cost you your life I am sure you would not think this to be a gentle warning but rather that I incensed the Court against you And for your Comparison with R. the 2. I see you follow the Example of them that brought him upon the Stage and into Print in Queen Elizabeths time A most prudent and admirable Queen But let me entreat you that when â—ou will speak of Queen Elizabeth or King Iames you would compare them to K. H. the 7th or K. Ed. 1. Or some other Paralels to which they are like And this I would wish both you and all to take heed of How you speak seditious Matterâ— in Parables or by Tropes or Examples There is a thing in an Indictment called an Innuendo You must beware how you becken or make Signs upon the King in a Dangerous sense But I will contain my self and Press this no further I may hold you for Turbulent or Presumptuous but I hope you are not Disloyall You are graciously and mercifully dealt with And therefore having now oâ—ened to my Lords and as I think to your own Heart and Conscience the principall part of your Offence which concerns the King I leave the rest which concerns the Law Parliament and the Subjects that have given to Mr. Serjeants and Mr. Sollicitour The Charge of Owen indicted of High Treason in the Kings Bench by Sir Francis Bacon Knight his Majesties Atturney Generall THe Treason wherewiâ—h this Man standeth Charged is for the Kind and Nature of it Ancient As Ancient as there is any Law of England But in the particular Late and Upstart And again in the Manner and Boldness of the present Case New and almost unheard of till this Man Of what mind he is now I know not but I take him as he was and as he standeth charged For High Treason is not written in Ice That when the Body relenteth the Impression should go away In this Cause the Evidence it self will spend little Time Time therefore will be best spent in opening fully the Nature of thiâ— Treason with the Circumstances thereof Because the Example is more then the Man I think good therefore by way of Inducement and Declaration in this Cause to open unto the Court Iury and Hearers five Things The first is the Clemency of the King Because it is Newes and a kind of Rarety to have a proceeding in this place upon Treason And perhaps it may be marvelled by some why after
Seal and against the Consumption of the Means and estate which was speedy Iustice. Bis dat qui citò dat The fourth was that Iustice might passe with as easie charge as mought be And that those same Brambles that grow about Iustice of needlesse Charge and Expence And all manner of Exactions mought be rooted out so far as mought be These Commandements my Lords are Righteous And as I may term them Sacred And therefore to use a Sacred Form I pray God blesse the King for his great care over the Iustice of the Land And give me his poor Servant Grace and Power to observe his Precepts Now for a Beginning towards it I have set down and applied particular Orders to every one of these four Generall Heads For the Excesse or Tumour of this Court of Chancery I shall divide it into five Natures The first is when the Court doth embrace or retain Causes both in Matter and Circumstance meerly Determinable and Fit for the Common Law For my Lords the Chancery is ordained to supply the Law and not to subvert the Law Now to describe unto you or delineate what those Causes are and upon what differences that are fit for the Court were too long a Lecture But I will tell you what Remedy I have prepared I will keep the Keyes of the Court my self and I will never refer any Demurrer or Plea tending to discharge or dismisse the Court of the Cause to any Mr. of the Chancery But judge oâ— itâ— my self or at least the Mr. of the Rowles Nay further I will appoint regularly that on the Tuesday in every week which is the Day of Orders first to hear all Motions of that Nature before any other That the Subject may have his Vale at first without further attending And that the Court do not keep and accumulate a Miscellany and Confusion of Causes of all Natures The sâ—cond Point concerneth the time of the Complaint And the late Commers into the Chancery which stay till a Iudgement be passed against them at the Common Law and then complain Wherein your Lorships may have heard a great Ratâ—le and a Noyse of a Premunire and I cannot tell what But that Question the King hath setled according to the ancient presidentâ— in all times continued And this I will say that the Opinion not to relieve any Case afâ—er Iudgement would be a guilty Opinion Guilty of the Ruine and Naufrage and perishing of infinite Subjects And as the King found it well out why should a Man fly into the Chancery before he be Hurt The whole need not the Physician but the sick But My Lords the Power would be preserved but then the Practise would be moderate My Rule shall be therefore that in Case of Complaints after Iudgement except the Iudgements be upon Nihil dicit which are but Disguises of â—udgement Obtained in Contempt of a preceding Order of this Court yea and after Verdicts also I will have the Party Complainant enter into good Boâ—d to prove his Suggestion So that if he will be relieved against a Iudgement at Common Law upon Matter of Equity He shall do it Tanquam in Vinculis at his Perill The Third Point of Excesse may be the over Frequent and Facile Granting of Injunctions for the staying of the Common Lawes Or the Altering Possessions wherein these shall be my Rules I will grant no Injunction mereely upon Priority of suit That is to say Because this Court was first possessed A Thing that was well reformed in the late Lord Chancellers time but used in Chanceller Broomeleyes time Insomuch as I remember that Mr. Dalton the Councellor at Law put a Pasquill upon the Coâ—rt in Nature of a Bill For seeing it was no more but My Lord the Bill came in on Munday and the Arrest at Common Law was on Tuesday I pray the Injunction upon Priority of Suite He caused his Clâ—ent that had a Loose Debteâ— to put a Bill into the Chancery bâ—forâ— the Bond due to him was forfeited to desire an Order that he might have his Money at the Day Because he would be sure to be before the other I do not mean to make it a Matter of an Horse-Race or Poasting who shall be first in Chancery or in Courts of Law Neither will I grant an Injunction upon Matâ—er conâ—ained in the Bill only be it never so smooth and Specious But upon Matter confessed in the Defendants Answer Or Matter pregnant in Writing or of Record Or upon Contempt of the Defendant in not Appearing or not Answering or Trifling with the Court by insufficient Answering For then it may be thought the Defendant stands out upon purpose to get the start at the Common Law And so take Advantage of his own Contempt which may not be suffered As for Injunctions for possession I shall maintaine possessions as they were at the time of the Bill exhibited And for the space of a year before Except the possession were gotten by Force or by any Trick Neither will I alter Possession upon Interlocutory Orders untill a Decree Except upon Matter plainly confessed in the Defendants Answer joyned with a plain Disability and Insolvency of the Defendants to answer the Profits As for taking the Possession away in respect of Contempts I will have all the proceedings of the Court spent first and a Sequestration of the Profits before I come to an Injunction The Fourth Part of Excesse is concerning the Communicating of the Authority of the Chanceller too far And making upâ—n the matter too many Chancellors by relying too much upon Reports of the Masters of the Chancery as concludent I know my Lords the Masters of the Chancery are Reverend Men And the great Mass of Businesse of the Court cannot be sped without them And it is a Thing the Chanceller may soon fall into for his own Ease to rely too much upon them But the Course that I will take generally shall be this That I will make no Binding Order upon any report of the Masters without giving a seven nights day at the least to shew cause against the Report which nevertheless I will have done modestly with due reverence towards them And again I must utterly discontinue the Making of an Hypotheticall or Conditionall Order That if a Master of the Chancery do certifie thus that then it is Ordered without further Motion For that is a Surprise and gives no time for Contradiction The last Point of Excesse is If a Chanceller shall be so much of himself as he should neglect Assistance of Reverend Iudges in Cases of Difficulty especially if they touch upon Law or Calling them shall do it but Pro formâ tantùm and give no due respect to their Opinions Wherein my Lords preserving the Dignity and Majesty of the Court which I count rather increased then diminished by grave and due Assistance I shall never be found so Soveraign or abundant in mine own sense but I shall both desire and make true use of
Assistants Nay I assure your Lordships if I should find any main Diversity of Opinion of my Assistants from mine own Though I know well the Iudicature wholy resides in my self yet I think I should have Recourse to the Oracle of the Kings own Judgement before I should pronounce And so much for the temperate use of the Authority of this Court wherein the Health of the Court doth much consist As that of the Body consists in Temperance For the Second Commandement of his Majesty touching staying of Grants at the Great Seale There may be just Cause of Stay Either in the Matter of the Grant Or in the Manner of pâ—ssing the same Out of both which I extract these 6. principall Cases which I will now make known All which neverthelesse I understand to be wholly submitted to his Majesties Will and Pleasure after by me he shall have been informed For if Iteratum Mandatum do come Obedience is better then sacrifice The First Case is where any Matter of Revenew or Treasure or Profit passeth from his Majesty My First Duty shall be to examine whether the Grant hath passed in the due and naturall Course by the Great Officers of the Revenew The Lord Treasurer and Chanceller of the Exchequer And with their privity which if I find it not to be I must presume it to have passed in the dark and by a kind of surreption And will make stay of it till his Majesties pleasure be further known Secondly if it be a Grant that is not meerly vulgar And hath not of Course passed at the Signet by a Fac Simile But needeth Science my Duty shall be to examine whether it hath passed by the Learned Counsell and had their Dockets which is that which his Majesty reades and that leades him And if I find it otherwise although the Matter were not in it self inconvenient yet I hold it Just Cause of Stay for Presidents sake to keep Men in the right way Thirdly if it be a Grant which I conceive out of my little knowledge to be against the Law Of which nature Theodosius was wont to say when he was pressed I said it but I granted it not if it be unlawâ—ull I will call the learned Counsell to it As well him that drew the Book as the Rest or some of them And if we find cause I will enform his Majesty of our Opinion either by my self or some of them For as for the Iudges they are Iudges of Grants past but not of Grants to come except the King call them Fourthly if the Grants be against the Kings Booke of Bounty I am expresly Commanded to stay them untill the King either Revise his Booke in Generall or give Direction in the particular Fiftly if as a Counseller of Estate I do foresee inconvenience to ensue by the Grant in reason of Estate in respect of the Kings Honour Or Discontent or Murmur of the People I will not trust mine own Judgement but I will either acquaint his Majesty with it or the Couâ—sell Table or some such of my Lords as I shall think fit Lastly for Matter of Pardons If it be of Treason Misprision of Treason Murther either expressed or involute by a non Obstante Or of a Pyracy or Premunire or of Fines Or Exemplary punishment in Star-Chamber Or of some other natures I shall by the grace of God stay them untill his Majesty who is the Fountain of Grace may resolve between God and him understanding the Case how far Grace shall abound or superabound And if it be of Persons attainted and Convicted of Burglaryâ— c. Then will I examin whether the Pardons pasâ—ed the Hand of any Justice of Assise Or other Commissioners before whom the Triall was made And if not I think it my duty also to stay them Thus your Lordships see in this Matter of the Seal agreeable to the Commandement I have received I mean to walk in the Light So that Men may know where to find me And this publishing thereof plainly I hope will save the King from a great deal of Abuse And Me from a great deal of Envy When Men shall see that no particular Turn or end leades me but a Generall Rule For the Third Generall Head of his Majesties Precepts concerning Speedy Iustice I am resolved that my Decree shall come speedily if not instantly after the Hearing And my signed Decree pronounced For it hath been a Manner much used of late in my last Lords time oâ— whom I learn much to Imitate and with due reverence to his memory let me speak it Much to avoid That upon the Solemn Full Hearing of a Cause nothing is pronounced in Court But Breviates are required to be made Which I do not dislike in it self in Causes perplexed For I confess I have somwhat of the Cunctative And I am of Opinion that whosoever is not wiser upon Advice then upon the suddain The same Man is no wiser at 50. yeares old then he was at 30. And it was my Fathers ordinary Word You must give me time But yet I find that when such Breviates were taken the Cause was sometimes forgotten a Terme or two And then set down for a New hearing or a Rehearing three or four Termes after Of which kind of Intermission I see no Use And therefore I will promise regularly to pronounce my Decree within few dayes after my Hearing And to sign my Decree at least in the Vacation after the pronouncing For fresh Iustice is the sweetest And besides Iustice ought not to be delayed And it will also avoid all Meanes-making or Labouring For there ought to be no Labouring in Causes but the Labouring of the Counsell at the Barr. Again because Iustice is a Sacred Thing And the end for which I am called to this place And therefore is my way to Heaven And if it be shorter it is never a whit the worse I shall by the grace of God as far as God will give me strength add the Afternoon to the Forenoon And some Fourth night of the Vacation to the Term For the expediting and clearing of the Causes of the Court Only the depth of the Three long Vacations I would reserve in some measure free for Business of Estate And for Studies of Artes and Sciences to which in my Nature I am most inclined There is another Point of true Expedition which resteth much in My self And that is in the Manner of giving Orders For I have seen an Affectation of Dispatch turn utterly to Delay and Lengâ—h For the manner of it is to take the Tale out of the Counsellor at Bar his Mouth and to give a Cursory Order nothing tending or conducing to the end of the Businesse It makes me remember what I heard one say of a Judge that saâ—e in the Chancery That he would make 80. Orders in a Morning out of the way And it was out of the way indeed For it was nothing to the End of the Businesse And this is that which
makes 60 80 100. Ordâ—rs in a Cause too and fro begetting one another and like Penelopes Web doing and undoing But I mean not to purchase the Praise of Expeditive in that kind But as one that have a Feeling of my Duty and of the Case of others my Endeavour shall be to hear patiently And to cast my Order into such a mould as may soonest bring the Subject to the End of his Iourney As for such Delayes as may concern Oâ—hers the great Abuse is that if the Plaintiffe have got an Injunction to stay sutes at Common Law then he will Spin on his Cause at length But by the grace of God I will make Injunctions an hard Pillow to sleep on For if I find that he prosecutes not with effect he may hap when he is awake find not onely his Injunction dissolved but his Cause dismissed There be other particular Orders I mean to take for Non Prosecution or faint Prosecution wherewith I will not trouble you now Because Summa sequar Fastigia Rerum And so much for Mattâ—r of Expedition Now for the fouth and last Point of the Kingâ— Commandement For the cutting off of unnecessary charge of the Subject A great part of it is fulfilled in the precedent Article touching Expedition For it is the Length of Suits that doth multiply Charge chiefly But yet there are some other Remedies that conduce thereunto First therefore I shall maintain strictly and with Severity the Former Orders which I find made by my Lord Chanceller for the immoderate and needles prolixity and length of Bills and Answers and so forth As well in punishing the party as fining the Counsell whose hand I shall find at such Bills Answers c. Secondly for all the Examinations taken in the Court I do give charge unto the Examiners upon perill of their places that they do not use idle Repetitions or needless Circumstances in setting down the Depositions taken by them And I would I could help it likewise in Commissions in the Countrey But that is almost unpossible Thirdly I shall take a diligent Survey of the Ceppies in Chancery That they have their just number of Lines and without open or wastfull writing Fourthly I shall be carefull that there be no Exaction of any new Fees but according as they have been heretofore set and Tabled As for Lawyers Fees I must leave to the Conscience and Merit of the Lawyer And the Estimation and Gratitude of the Client But yet this I can do I know there have used to attend this Barr a Number of Lawyers that have not been heard sometimes scarce once or twice in a Term And that makes the Client seek to Great Counsell and Favourites as they call them A Term fitter for Kings then Iudges And that for every Order that a mean Lawyer mought dispatch and as well Therefore to help the Generality of Lawyâ—rs And therein to ease the Client I will constantly observe that every Tuesday and other Dayes of Orders after nine a Clock strucken I will hear the Bar untill 11 or half an Hour after 10 at the least And since we are upon the point whom I will hear your Lordships will give me leave to tell you a Fancy It falls out that there be three of us the Kings servants in great place that are Lawyers by Descent Mr. Atturney Son of a Iudge Mr. Solliciter likewise Son of a Iudge And my self a Chancellers Son Now because the Law roots so well in my time I will water it at the Root thus far As besides these great Ones I will hear any Iudges Sonn before a Sergeant And any Sergeants Sonn before a Reader Lastly for the better Ease of the Subjects And the Brideling of contentious Sutes I shall give better that is greater Costs where the Suggestions are not proved then hath been hitherto used There be divers other Orders for the better Reiglement of this Court And for Granting of Writs And for Granting of Benefices And other Things which I shall set down in a Table But I will deal with no oâ—her to day but such as have a proper Relation to his Majâ—sties Commandement It being my Comfort that I serve such a Master that I shall need to be but a Conduit for the conveying onely of his Goodness to his People And it is true that I do affect and aspire to make good that Saying That Optimuâ— Magistratus praestat optimae Legi which is true in his Majesty But for my self I doubt I shall not attain it But yet I have a Domesticall Example to follow My Lords I have no more to say but now I will go on to the Businesse of the Court. The Speech which was used by the Lord Keeper of the Great Seal in the Star-Chamber before the Summer Circuits the King being then in Scotland 1617. THe King by his perfect Declaration published in this place concerning Iudges and Iustices Hath made the Speech of his Chanceller accustomed before the Circuits rather of Ceremony than of use For as in his Book to his Son he hath set forth a true Character and Platform of a King So in this his Speech he hath done the like of a Iudge and Iustice Which sheweth that as his Majesty is excellently able to Govern in chief So he is likewise well seen and skilfull in the inferiour Offices and Stages of Justice and Government which is a Thing very rare in Kings Yet neverthelesse somewhat must be said to fulfill an old Observance But yet upon the Kings Grounds and very briefly For as Salomon saith in another Case In these things who is he that can come after the King First you that are the Iudges of Circuits are as it were the Planets of the Kingdome I do you no Dishonor in giving you that name And no doubt you have a great stroak in the Frame of this Government As the other have in the great Frame of the World Do therefore as they do Move alwayes and be carried with the Motion of your first Mover which is your Soveraign A popular Iudge is a Deformed Thing And Plaudite's are fitter for Players then for Magistrates Do good to the people Love them and give them Justice But let it be as the Psalm saith Nihil inde Expectantes Looking for nothing neither Praise nor Profit Yet my Meaning is not when I wish you to take heed of Popularity that you should be imperious and Strange to the Gentlemen of the Countrey You are above them in Power but your Rank is not much unequall And learn this That Power is ever of greatesâ— strength when it is civilly carried Secondly you must remember that besides your ordinary Administration of Iustice you do carry the two Glasses or Mirrours of the State For it is your Duty in these your Visitations To represent to the people the Graces and Care of the King And again upon your Return To present to the King the Distastes and Griefs of the People Mark what the King sayes in
and Felicity Denied to his Progenitors and Reserved to his Times The Work is not yet conducted to perfection but is in fair Advance And this I will say confidently that if God blesse this Kingdom with Peace and Justice No Usurer is so sure in seven years space to double his Prâ—ncipall with Interest And Interest upon Interest As that Kingdom is within the same time to double the stock both of Wealth and People So as that Kingdom which once within these Twenty years Wise men were wont to doubt whether they should wish it to be in a Poole Is like now to become almost a Garden And younger Sister to Great Britain And therefore you must set down with your self to be not only a just Governer and a good Chief Iustice as if it were in England But under the King and the Deputy you are to be a Master Builder and a Master Planter and Reducer of Ireland To which end I will trouble you at this time but with Three Directions The First is that you have speciall care of the Three Plantations That of the North which is in part acted That of Weshford which is now in Distribution And that of Longford and Letrim which is now in survey And take this from me That the Bane of a Plantation is when the Vndertakers or Planters make such hast to a little Mechanicall present profit as disturbeth the whole Frame and noblenesse of the work for Times to come Therefore hold them to their Covenants and the strict Ordinances of Plantation The Second is that you be carefull of the Kings Revenew And by little and little constitute him a good Demeasn if it may be Which hitherto is little or none For the Kings Case is hard when every Mans Land shall be improved in value with increase manifold And the King shall be tied to his Dry Rent My last Direction though first in weight is that you do all good Endeavours to proceed resolutely and constantly and yet with due Temparance and Equality in Matters of Religion least Ireland Civill become more dangerous to us then Ireland Savage So God give you Comfort of your Place After Sir William Iones Speech I had forgotten one Thing which was this You may take exceeding great Comfort that you shall serve with such a Deputy One that I think is a Man ordain'd of God to do great Good to that Kingdome And this I think good to say to you That the true Temper of a Chief Iustice towards a Deputy is Neither servilly to second him nor factiously to oppose him The Lord Keepers Speech in the Exchecquer to Sir John Denham when he was called to be one of the Barons of the Exchecquer SIR Iohn Denham the King of his grace and favour hath made choice of you to be one of the Barons of the Exchecquer To succeed to one of the gravest and most Reverend Iudges of this Kingdome For so I hold Baron Altham was The King takes you not upon Credit but Proof and great Proof of your former Service And that in both those kinds wherein you are now to serve For as you have shewed your self a good Iudge beween party and party so you have shewed your self a good Administer of the Revenue Both when you were Chief Baron And since as Counseller of Estate there in Ireland where the Counsell as you know doth in great part mannage and messuage the Revenew And to both these Parts I will apply some Admonitions But not vulgar or discursive But apt for the Times and in few words For they are best remembred First therefore above all you ought to maintain the Kings Prerogative And to set down with your self that the Kings Prerogative and the Law are not two Things But the Kings Prerogative is Law And the Principall Part of the Law The First-Born or Pars Prima of the Law And therefore in conserving or maintaining that you conserve and maintain the Law There is not in the Body of Man one Law of the Head and another of the Body but all is one Entire Law The next Point that I would now advise you is that you acquaint your self diligently with the Revenew And also with the Ancient Recordâ— and Presidents of this Court. When the famous Case of the Copper Mines was argued in this Court And judged for the King It was not upon the fine Reasons of Witt As that the Kings Prerogative drew to it the chief in quaque specie The Lion is the chief of Beasts The Eagle the chief of Birds The Whale the chief of Fishes And so Copper the chief of Minerals For these are but Dalliances of Law Ornaments But it was the grave Records and Presidents that grounded the Iudgement of that Cause And therefore I would have you both guide and arm your self with them against these Vapours and Fumes of Law which are extracted out of Mens Inventions and Conceits The third Advice I will give you hath a large Extent It is that you do your Endeavour in your place so to mannage the Kings Iustice and Revenue as the King may have most Profit and the Subject least vexation For when there is much vexation to the Subject and little Benefit to the King then the Exchecquer is Sick And when there is Much Benefit to the King with lesse Trouble and vexation to the Subject then the Exchecquer is sound As for Example If there shall be much Racking for the Kings old Debts And the more Fresh and Late Debts shall be either more negligently called upon or over easily discharged or over indulgently stalled Or if the Number of Informations be many and the Kings Part or Fines for Compositions a Trifle Or if there be much ado to get the King new Land upon Concealments and that which he hath already be not well known and surveyed Nor the woods preserved I could put you many other Cases this fals within that which I term the sick Estate of the Exchecquer And this is that which makes every Man ready with their Undertakings and their Projects to disturb the ancient Frame of the Exchecquer Then the which I am perswaded there is not a better This being the Burthen of the Song That much goeth out of the Subjects Purse And little commeth to the Kings Purse Therefore give them not that Advantage so to say Sure I am that besides your own Associates the Barons you serve with two superiour Great Officers that have Honourable and true Ends And desire to serve the King and right the Subject There resteth that I deliver you your Patent His Lordships Speech in the Common Pleas to Justice Hutton when he was called to be one of the Judges of the Common Pleas. Mr. Serjeant Hutton THe Kings most Excellent Majesty being duly enformed of your Learning Integrity Discretion Experience Meanes and Reputation in your Countrey Hath thought fit not to leave you these Talents to be employed upon your self onely But to call you to serve Himself and his
such an Institution will be that it will make the Place a Receptacle of the Worst Idlest and most dissolute Persons of every Profession And to become a Cell of Loyterers and Cast Serving Men and Drunkards with Scandall rather then Fruit to the Common Wealth And of this kinde I can find but one Example with us Which is the Almes Knights of Windsor Which particular would give a Man small encouragement to follow that President Therefore the best Effect of Hospitals is to make the Kingdome if it were possible capable of that Law That there be no Beggar in Israel For it is that kind of People that is a burthen an Eye sore a scandall and a Seed of Perill and Tumult in the State But chiefly it were to be wished that such a Beneficence towards the Relief of the poor were so bestowed As not onely the Meere and Naked Poore should be sustained But also that the Honest Person which hath hard means to live upon whom the Poore are now charged should be in some sort eased For that were a Work generally acceptable to the Kingdome if the Publick Hand of Alms might spare the Private Hand of â—ax And therefore of all other Employments of that kind I commend most Houses of Relief and Correction which are Mixt Hospitalls where the Impotent Person is relieved and the Sturdy Beggar buckled to work And the unable Person also not maintained to be Idle which is ever joyned with Drunkennesse and Impurity But is sorted with such work as he can mannage and perform And where the uses are not distinguished as in other Hospitals Whereof some are for Aged and Impotent and some for Childrâ—n And some for Correction of Vagabonds But are generall and promiscuous So that they may take off Poore of every sort from the Countrey as the Countrey breeds them And thus the Poore themselves shall find the Provision and other People the sweetnesse of the Abatement of the Tax Now if it be objected that Houses of Correction in all places have not done the good expected as it cannot be denied but in most places they have done much Good It must be remembred that there is a great Difference between that which is done by the Distracted Government of Iustices of Peace And that which may be done by a setled Ordinance subject to a Regular Visitation as this may be And besides the Want hath been commonly in Houses of Correction of a competent and Certain Stock for the Materialls of the Labour which in this case may be likewise supplied Concerning the Advancement of Learning I do subscribe to the Opinion of one of the Wisest and Greatest Men of your Kingdome That for Grammar Schools there are already too many and therefore no Providence to adde where there is Excesse For the great Number of Schools which are in your Highnesse Realm doth cause a Want and doth cause likewise an Overflow Both of them Inconvenient and one of them Dangerous For by Means thereof they find Want in the Countrey and Towns both of Servants for Husbandry and Apprentices for Trade And on the other side there being more Schollers bred then the State can prefer and Employ And the Active part of that life not bearing a proportion to the Preparative It must needs fall out that many Persons will be bred unfit for other Vocations And unprofitable for that in which they are brought up Which fills the Realm full of Indigent Idle and Wanton People which are but Materia Rerum novarum Therefore in this Point I wish Mr. Suttons Intention were exalted a Degree That that which he meant for Teachers of Children your Majesty should make for Teachers of Men wherein it hath been my ancient Opinion and Observation That in the Vniversities of this Realm which I take to be of the best endowed Vniversities of Europe there is Nothing more wanting towards the flourishing State of Learning then the Honourable and plentifull Salaries of Readers in Arts and Professions In which Point as your Majesties Bounty already hath made a Beginning So this Occasion is offered of God to make a Proceeding Surely Readers in the Chair are as the Parents in Sciences and deserve to enjoy a Condition not inferiour to their Children that embrace the Practicall Part. Els no Man will sit longer in the Chair then till he can walk to a better preferment And it will come to passe as Virgil saith Et Patrum invalidi referent Iejunia Nati For if the Principall Readers through the Meannesse of their Entertainment be but Men of superficiall Learning And that they shall take their place but in passage It will make the Masse of Sciences want the chief and solid Dimension which is Depth and to become but Pretty and compendious Habits of praâ—ctice Therfore I could wish that in both the Vniversities the Lectures as well of the three Professions Divinity Law and Phyâ—sick As of the three Heads of Science Philosophy Arts of Speech and the Mathematicks were raised in their Pensions unto a 100 l. per Annum a piece Which though it be not near so great as they are in some other Places where the Greatnesse of the Reward doth whistle for the Ablest Men out of all Forrain parâ— to supply the Chair yet it may be a Portion to content a Worthy and Able Man If he be likewise Contemplative in Nature As those spirits are that are Fittest for Lectures Thus may Learning in your Kingdome be advanced to a further Heighth Learning I say which under your Majesty the most Learned of Kings may claim some Degree of Elevation Concerning Propagation of Religion I shall in few words set before your Majesty three Propositions None of them Devises of mine own otherwise then that I ever approved them Two of which have been in Agitation of Speech and The third acted The first is a Colledge for Controversies Whereby we shall not still proceed Single but shall as it were double our Files Which certainly will be found in the Encounter The second is a Receipt I like not the word Seminary in respect of the Vain Vowes and implicite Obedience and other Thingâ— tending to the perturbation of States involved in that Term for Converts to the Reformed Religion either of Youth or otherwise For I doubt not but there are in Spain Italy and other Countries of the Papists many whose Hearts are touched with a sense of those Corruptions and an acknowledgment of a better Way which Grace is many times smothered and choaked through a worldly Consideration of Necessity and want Men not knowing where to have Succour and Refuge This likewise I hold a Work of great Piety and a Work of great Consequence That we also may be Wise in our Generation And that the Watchfull and Silent Night may be used as well for sowing of good Seed as of Tares The third is the Imitation of a Memorable and Religious Act of Queen Elizabeth Who finding a part of Lancashire to be extreamly Backward
in Religion And the Benefices swallowed up in Impropriations did by Decree in the Dutchy erect four stipends of 100 l. per Annum a piece for Preachers well chosen to help the Harvest which have done a great deal of Good in the Parts where they have laboured Neither do there want other Corners in the Realm that would require for a time the like Extraordinary Help Thus have I briefly delivered unto your Majesty mine Opinion touching the Employment of this Charity whereby that Masse of wealth which was in the Owner little better then a Stack or Heap of Muck may be spread over your Kingdome to many fruitfull purposes your Majesty planting and watering and God giving the Encrease A PROPOSITION TO His Maiesty BY Sir FRANCIS BACON Knight HIS MAIESTIES ATTVRNEY GENERALL AND One of His PRIVY COUNSELL Touching the Compiling And Amendment Of the LAWES of ENGLAND YOVR MAIESTY OF Your Favour Having Made me Privy Councellor And Continuing me in the Place of your Atturney Generall which is more then was these hundred years before I do not understand it to be that by putting off the dealing in Causes between party and party I should keep Holy-day the more But that I should dedicate my time to your Service with lesse distraction Wherefore in this plentifull Accession of Time which I have now gained I take it to be my duty Not onely to speed your Commandements and the Businesse of my place But to meditate and to excogitate of my self wherein I May best by my Travels derive your Vertues to the Good of your People And return their Thanks and Increase of Love to you again And after I had thought of many things I could â—ind in my Judgement none more proper for your Majesty as a Master Nor for me as a Workman then the Reducing and Recompiling of the Lawes of England Your Majesty is a King blessed with Posterity And these Kings sort best with Acts of Perpetuity When they do not leave them instead of Children but transmit both Line and Merit to Future Generations You are a great Master in Iustice and Iudicature And it were pitty that the fruit of that Vertue should dye with you Your Majesty also Raigneth in Learned Times The more in regard Of your own perfections and patronage of Learning And it hath been the mishap of Works of this Nature that the lesse Learned Time hath wrought upon the more Learned Which now will not be so As for my self the Law is my profession to which I am a debter Some little helps I May have of other Learning which may give Form to matter And your Majesty hath set me in an Eminent place whereby in a Work which must be the Work of many I may the better have Coadjutors Therefore not to hold your Majesty with any long preface in that which I conceive to be nothing less then Words I will proceed to the Matter Which matter it self neverthelesse requireth somewhat briefly to be said both of the Dignity and likewise of the Safety and Convenience of this Work And then to go to the main That is to say to shew how the work is to be done Which incidently also will best Demonstrate that it is no vast nor speculative Thing But a Reall and feizable Callisthenes that followed Alexanders Court and was grown in some displeasure with him Because he could not well brook the Persian Adoration At a Supper which with the Graecians was ever a great part Talk was desired because he was an Eloquent Man to speak of some Theam which he did And chose for his Theam The praise of the Macedonian Nation which though it were but a â—illing Thing to praise men to their Faces yet he did it with such Advantage of Truth and avoydance of Flattery and with such life As the Hearers were so ravished with it that they plucked the Roses off from their Garlands and threw them upon him As the Manner of Applauses then was Alexander was not pleased with it and by way of Discountenance said It was easie to be a good Oratour in a pleasing Theam But saith he to Callisthenes turn your stile and tell us now of our Faults that we may have the profit and not you onely the praise Which he presently did with such a force and so piquantly that Alexander said The Goodnesse of his Theam had made him Eloquent before But now it was the Malice of his heart that had inspired him 1. Sir I shall no fall into either of those two Extreames Concerning the Lawes of England They commend themselves best to them that understand them And your Majesties Chief Iustice of your Bench hath in his Writings magnified them not with out Cause Certainly they are Wise they are Just and Moderate Lawes They give to God They give to Caesar They give to the Subjects that which appertaineth It is true They are as mixt as our Language compounded of Britâ—ish Râ—man Saxon Danish Norman Customes And as our Language is so much the Richer so the Lawes are the more compleat Neither doth this attribute lesse to them then those that would have them to have stood out the same in all Mutations For no â—ree is so good first set as by Transplanting 2. As for the Second Extream I have nothing to do with it by way of Taxing the Lawes I speak only by way of Perfitting them Which is easiest in the bâ—st things For that which is farr amisse hardly receiveth Amendment But that which hath already To that more may be Given â—esides what I shall propound is not to the Matter of the Lawes but to the Manner of their Registry Expression and Tradition So thâ—t it giveth them rather Light then any new Nâ—ture This being so for the Dignity of the Worke I know scarcely where to find the like For surely that Scale and those Degrees of Soveraign Honour are true and rightly marshalled First the Founders of Estates Then the Law givers Then the Deliverers and Saviours after long Calamities Then the Faâ—hers of their Countries Which are Just and Prudent Princeâ— And Lastly Conquerors which Honour is not to be received amongst the rest Except it be where there is an addition of more Country and Territory to a better Government then that was of the Conquered Of these in my Judgement your Majesty may with more truth then flattery be intituled to the first because of your Vniting of Britain Planting Ireland Both which savouâ— of the Founder That which I now propound to you may adopt you also into the Second Law-givers have Been called Principes Perpeâ—ui Because as Bishop Gardner said in a bad Sense that he would be Bishop an hundred years after his death in respect of the Long Leases he made So Law-givers are still Kings and Rulers after their Decease in their Lawes But this Worke shining so in it self needes no Taper For the safety and convenience thereof It is good to consider and to answer those Objectious or Scruples which
as Men misled are to be pittied For the First if a Man doth visit the foul and polluted Opinions Customesâ— or Practices of Heathenism Mahometism and Heresie he shall find they do not attain to this Height Take the Examples of damnable Memory amongst the Heathen The Proscriptions in Rome of Sylla And afterwards of the Triumvirs what were they They were but of a finite Number of Persons and those not many that were exposed unto any Mans Sword But what is that to the proscribing of a King and all that shall take his Part And what was the Reward of a Souldier that amongst them killed one of the proscribed A small piece of Money But what is now the reward of one that shall kill a King The Kingdom of Heaven The Custome among the Heathen that was most scandalized was that sometimes the Priest sacrificed Men But yet you sâ—all not read of any Priesthood that sacrificed Kings The Mahometâ—ns make it a part of their Religion to propagate their Sect by the Sword But yet still by Honourable Wars never by Villanies and secret Murthers Nâ—y I find that the Saracen Prinâ—e of whom the Name of the â—ssassins is derived which had divers Votaâ—ies at Commandement which he sent and imployed to the Killing of divers Princes in the East By one of whom Amurath the First was slain And Edward the First of England was wounâ—ed was put down and rooted out by common Consentâ— of the Mahometan Princes The Anabaptists it is true come nearest For they professe the pulling down of Magistrates And they can chaunt the Psalm To bind their Kings in Chaines and their Nobles in fetters of Iron This is the Glory of the Saints mâ—ch like the Temporall Authority that the Pope Challengeth over Princes But this is the difference That that is a Furious and Fanaticall Fury And this is a sad and solemn Mischief He imagineth Mischief as a Law A Law-like Mischief As for the Defence which they do make it doth aggravate the sin And turneth it from a Cruelty towards Man to a Blaâ—phemy towards God For to say that all this is in ordine ad spirituale And to a good End And for the salvation of Soules It is directly to make God Author of Evill And to draw him into the likenesse of the Prince of Darknesse And to say with thoseâ— that Saint Paul speaketh of Let us do Evill that good may come thereof Of whom the Apostle saith dâ—finitively That their damnatioâ— is Iust. For the Destroying of Government universally it is most evident That it is not the Case of Protestant Princes onely But of Catholick Princes likewise As the King hath excellently set forth Nay it is not the Case of Princes onely but of all Subjects and private Persons For touching Princes let History be perused what hath been the Causes of Excommunication And namely this Tumour of it the Deposing of Kings It hath not been for Heresie and Schism alone but for Collation and Investitures of Bishopricks and Benefiâ—es Intruding upon Ecclesiasticall Possessions violating of any Ecclesiasticall Person or Liberty Nay generally they maintain it that it may be for any sin So that the Difference wherein their Doctors vary That some hold That the Pope hath his Temporall power immediatly And others but in ordine ad spiritude is but a Delusion and an Abuse For all commeth to one What is there that may not be made spirituall by Consequence specially when He that giveth the Sentence may make the Case And accordingly hath the miserable Experience followed For this Murthering of Kings hath been put in practise as well against Papist Kings as Protestants Save that it hath pleased God so to guide it by his admirable providence As the Attempts upon Papist Princes have been executed And the Attempts upon Protestant Princes have failed Except that of the Prince Aurange And not that neither untill such time as he had joyned too fast with the Duke of Anjou and the Papists The rest is wanting The Charge of Sir Francis Bacon the Kings Atturney Generall against M. L. S. W. and H. I. for Scandall and Traducing of the Kings Justice in the proceedings against Weston In the Star-Chamber 10. Novemb. 1615. THe Offence wherewith I shall charge the three Offenders at the Bar is a Misdemeanour of a High Nature Tending to the Defacing and Scandall of Iustice in a great Cause Capitall The particular Charge is this The King amongst many his Princely vertues is known to excell in that proper vertue of the Imperiall Throne which is Iustice. It is a Royall Vertue which doth employ the other three Cardinall Vertues in her Service Wisdome to discover and discern Nocent or Innocent Fortitude to prosecute and execute Temperance so to carry Iustice as it be not passionate in the pursuit nor confused in involving persons upon light suspicion Nor precipitate in time For this his Majesties Vertue of Iustice God hath of late raised an occasion and erected as it were a Stage or Theater much to his Honour for him to shew it and act it in the pursuit of the untimely Death of Sir Thomas Overbury And therein cleansing the Land from Bloud For my Lords if Bloud spilt Pure doth cry to Heaven in Gods Eares much more Bloud defiled with Poyson This Great Work of his Majesties Iustice the more excellent it is your Lordships will soon conclude the greater is the Offence of any that have sought to Affront it or Traduce it And therefore before I descend unto the Charge of these Offenders I will set before your Lordships the weight of that which they have sought to impeach Speaking somewhat of the generall Crime of Impoysonment And then of the particular Circumstances of this Fact upon Overbury And thirdly and chiefly of the Kings great and worthy Care and Carriage in this Business This Offence of Impoysonment is most truly figured in that Devise or Description which was made of the Nature of one of the Roman Tyrants That he was Lutum Sanguine maceratum Mire mingled or cymented with Bloud For as it is one of the highest Offencesâ— in Guiltiness So it is the Basest of all others in the Mind of the Offenders Treasons Magnum aliquid spectant They aym at great thingâ—â— But this is vile and base I tell your Lordships what I have noted That in all Gods Book both of the Old and New Testament I find Examples of all other Offences and Offendours in the world but not any one of an Impoyâ—onment or an Impoysoner I find mention of Fear of casuall Impoysonment when the Wild Vine was shred into the Pot they came complaining in a fearfull manner Maister Mors in ollâ And I find mention of Poysons of Beasts and Serpents The Poyson of Aspes is under their Lips But I find no Example in the Book of God of Impoysonment I have sometime thought of the Words in the Psalm Let their Table be made a Snare Which certainly is most True of Impoysonment For
the Table the Daily Bread for which we pray is turned to a deadly Snare But I think rather that that was meant of the Treachery of Friends that were participant of the same Table But let us go on It is an Offence my Lords that hath the two Spurs of Offending Spes Perficiendi and Spes Celandi It is easily committed and easily concealed It is an Offence that is Tanquam Sagitta nocte volans It is the Arrow that flies by Night It discerns not whom it hits For many times the Poyson is laid for one and the other takes it As in Sanders Case where the Poysoned Apple was laid for the Mother and was taken up by the Child and killed the Child And so in that notorious case whereupon the Statute of 22º H. 8 Cap. 9º was made where the Intent being to poyson but one or two Poyson was put into a little Veâ—sell of Barm that stood in the Kitchin of the Bishop of Rochesters House Of which Barm Pottage or Gruell was made wherewith 17 of the Bishops Family were Poysoned Nay Divers of the Poor that came to the Bishops Gate and had the broken Pottage in Alms were likewise Poysoned And therefore if any Man will comfort himself or think with himself Here is great Talk of Impoysonment I hope I am safe For I have no Enemies Nor I have nothing that any Body should long for why that is all one For he may sit at Table by one for whom Poyson is prepared and have a Drench of his Cup or of his Pottage And so as the Poet saith Concidit infelix alieno vulnere He may die another Mans Death And therefore it was most gravely and judiciously and properly provided by that Statute That Impoysonment should be High Treason Because whatsoever Offence tendeth to the utter Subversion and Dissolution of Human Society is in the nature of High Treason Lastly it is an Offence that I may truly say of it Non est nostri Generis nec Sanguinis It is Thanks be to God rare in the Isle of Brittanny It is neither of our Country nor of our Church you may find it in Rome or Italy There is a Region or perhaps a Religion for it And if it should come amongst us certainly it were better living in a Wildernesse than in a Court. For the particular Fact upon Overburyâ— First for the Person of Sir Thomas Overbury I knew the Gentleman It is true his Mind was great but it moved not in any good Order yet certainly it did commonly fly at good Things And the greatest Fault that I ever heard by him was that he made his Friend his Idoll But I leave him as Sir Thomas Overbury But then take hiâ— as he was the Kings Prisoner in the Tower And then see how the Case stands In that place the State is as it were Respondent to make good the Body of a Prisoner And if any thing happen to him there it may though not in this Case yet in some others make an Aspersion and a Reflexion upon the State it self For the Person is utterly out of his own Defence His own Care and Providence can serve him nothing He is in Custody and Preservation of Law And we have a Maxime in our Law as my Lords the Iudges know that when a State is in preservation of Law nothing can destroy it or hurt it And God forbid but the like should be for the Persons of those that are in Custody of Law And therefore this was a Circumstance of great Aggravation Lastly to have a Man chaced to Death in such manner as it appears now by Matter of Record For other Privacy of the Cause I know not By Poyson after Poyson first Roseaker then Arsenick then Mercury Sublimate then Sublimate again It is a Thing would astonish Mans Nature to hear it The Poets faign that the Furies had whips and that they were corded with Poysonous Snakes And a Man would think that this were the very Case To have a Man tied to a Poast and to scourge him to Death with Snakes For so may truly be termed Diversity of â—oysons Now I will come unto that which is the Principall That is his Majesties Princely yea and as I may truly term it Sacred proceeding in this Cause Wherein I will first Speak of the Temper of his Iustice and then of the Strength thereof First it pleased my Lord Chief Iustice to let me know That which I heard with great Comfort Which was the Charge â—hat his Majesty gave to Himself first And afterwards to the Commissioners in this Case worthy certainly to be written in Letters of Gold wherein his Majesty did fore-rank and make it his prime Direction that it should be carried without touch to any that was innocent Nay more not onely without Impeachment but without Aspersion which was a most Noble and Princely Caution from his Majesty For Mens Reputations are tender Things And ought to be like Christs Coat without Seam And it was the more to be respected in this Case because it met with two great Persons A Noble Man that his Majesty had favoured and advanced And his Lady being of a Great and Honourable House Though I think it be true that the Writers say that there is no Pomgranate so fair or so sound but may have a perished Kernell Nay I see plainly that in those excelâ—lent Papers of his Majesties own Hand writing Being as so many Beams of Iustice issuing from that Vertue which doth shine in him I say I see it was so evenly carried without prejudiceâ— whither it were a true Accusation of the one part or a Practise of a false Accusation on the other As shewed plainly that his Majesties Judgement was tanquam Tabula Rasa as a clean pair of Tables And his Ear tanquam Ianua aperta As a Gate not side open but wide open to Truth as it should be by little and little discovered Nay I see plainly that at the first till further Light did break forth his Majesty was little moved with the First Tale which he vouchsafeth not so much as the Name of a Tale But calleth it a Rumour which is an Headless Tale. As for the Strength or Resolution of his Majesties Iustice I must tell your Lordships plainly I do not marvell to see Kings thunder out Iustice in Cases of Treason when they are touched Themselves And that they are Vindices Doloris Proprij But that a King should pro Amore Iustitiae onely Contrary to the Tide of his own Affection for the preservation of his People take such Careâ— of a Cause of Iustice That is rare and worthy to be celebrated far and nearâ— For I think I may truly affirm that there was never in this Kingdome nor in any other Kingdome the Bloud of a private Gentleman vindicated Cum tanto Moâ—u Regni or to say better Cum tanto Plausu Regni If it had concerned the King or Prince there could not have been Greater nor
should not be troubled at this time Neverthelesse He pressed him to answer saying He desired to know it that he mought pray with him I know not that S. W. is an Ecclesiastick that he should cut any Man from Communion of Prayer And yet for all this vexing of the Spirit of a poor Man now in the Gates of Death Weston neverthelesse stood constant and said I die not unworthily My Lord Chief Iustice hath my mind under my hand and he is an Honourable and just Iudge This is S. W. his Offence For H. I. he was not so much a Questionist but wrought upon the others Questions And like a kind of Confessor wished him to discharge his Conscience and to satisfie the World What World I marvaile It was sure the World at Tyburn For the World at Guild-Hall and the World at London was satisfied before Teste the Bells that rang But men have a got fashion now a dayes that two or three busie Bodies will take upon them the Name of the World And broach their own Conceits as if it were a general Opinion Well what more When they could not work upon Weston then H.I. in an Indignation turned abont his Horse when the other was turning over the Ladder And said he was sorry of such a Conclusion That was to have the State honoured or justified But others took and reported his words in another degree But that I leave seeeing it is not Confessed H. I. his Offence had another Appendix before this in time which was that at the day of the Verdict given up by the Iury He also would needs give his Verdict Saying openly that if he were of the Iury he would doubt what to do Marry he saith he cannot tell well whether he spake this before the Jury had given up the Verdict or after Wherein there is little gained For whether H. I. were a Pre-Jurour or a Post-Jurour The one was as to prejudge the Iury the other as to taint them Of the Offence of these two Gentlemen in generall your Lordships must give me leave to say that it is an Offence greater and more dangerous then is conceived I know well that as we have no Spanish Inquisitions nor Iustice in a Corner So we have no Gagging of Mens Mouths at their Death But that they may speak freely at the last Hour But then it must come from the free Motion of the Party not by Temptation of Questions The Questions that are to be asked ought to tend to furâ—her Revealing of their own or others Guiltiness But to use a Question in the Nature of a false Interrogatory to falsifie that which is Res Iudicata is intollerable For that were to erect a Court or Commission of Review at Tyburn against the Kings Bench at Westminster And besides it is a Thing vain and idle For if they anâ—swer according to the Iudgement past it adds no Credit Nor if it be contrary it derogateth nothing But yet it subjecteth the Majesty of Iustice to popular and vulgar Talk and opinion My Lords these are great and dangerous Offences For if we do not maintain Iustice Iustice will not maintain us But now your Lordships shall hear the Examinations themselves upon which I shall have occasion to note some particular Things c. The Effect of that which was spoken by the Lord Keeper of the Great Seal of England at the taking of his place in Chancery In performance of the Charge his Majesty had given him when he received the Seal 1617. BEfore I enter into the Business of the Court I shall take advantage of so many Honourable witnesses to publish and make known summarily what charge the Kings most excellent Majesty gave me when I received the Seal And what Orders and Resolutions my Self have taken in Conformity to that charge That the King may have the Honour of Direction And I the part of Obedience Whereby Your Lordships and the Rest of the Presence shall see the whole Time of my sitting in the Chanceryâ— which may be longer or shorter as please God and the King contrâ—cted into one Houre And this I do for three Causes First to give Account to the King of his Commandement Secondly that I may be a Guard and Custody to my self and mine own Doings That I do not swerve or recede from any Thing that I have professed in so Noble Company And thirdly that all men that have to do with the Chancery or the Seal may know what they shall expect And both set their Hearts and my Ears at rest Not moving me to any Thing against these Rules Knowing that my Answer is now turned from a Nolumus into a Non possumus It is no more I will not But I cannot After this Declaration And this I do also under three Cautions The first is that there be some Things of a more Secret and Counsell like Nature which are rather to be Acted then Published But these Things which I shall speak of to day are of a more publick Nature The second is that I will not trouble this Presence with every Particular which would be too long But select those Things which are of greatest efficacy and conduce most ad summas Rerum Leaving maâ—y other Particulars to be set down in a Publick Table According to the good Example of my last Predecessour in his Beginning And lastly that these Imperatives which I have made but to my Self and my Times be without prejudice to the Authority of the Court or Wiser Men that may succeed me And chiefly that they are wholy submitted unto the great Wisdom of my Soveraignâ— The absolutest Prinâ—e in Iudicature that hath been in the Christian World For if any of these Things which I intend to be Subordinate to his Directions shall be thought by his Majesty to be Inordinate I shall be most ready to reform them These things are but tanquam Albâ—m Praetoris For so did the Roman Praetors which have the greatest Affinity with the Iurisdiction of the Chancellor here who used to set down at their Entrance how they would use their Iurisdiction And this I shall do my Lords in verbis Masculis No flourishing or Painted Words but such as are fit to go before Deeds The Kings Charge which is my Lanthorn rested upon four Heads THe first was that I should contain the Iurisdiction of the Court within his true and due Limits without Swelling or Excesse The second that I should think the putting of the Great Seal to Letters Patents was not a Matter of Course after precedent Warrants But that I should take it to be the Maturity and Fulness of the Kings Intentions And therefore that it was one of the greatest Parts of my Trust if I saw any Scruple or Cause of stay that I should acquaint him Concluding with a Quod dubites ne feceris The third was that I should retrench all unnecessary delayes That the Subject mought find that he did enjoy that same Remedy against the Fainting of the
And was not without some other Seditions and Troubles As namely the great Contestation of his Prelates King Henry 2. his Happinesse was much deformed by the Revolt of his son Henry after he had associated him and of his other Sonnes King Hen. 3 besides his continuall Wars in Wales was after 44. years raign unquieted with Intricate Commotions of his Barons As may appear by the Mad Parliament held at Oxford and the Acts thereupon ensuing His Son King Ed. 1. had a more flourishing Time then any of the other Came to his Kingdom at ripe years and with great Reputation after his voyage into the Holy Land And was much loved and obeyed contrived his Wars with great Judgement First having reclaimed Wales to a setled Allegeance And being upon the point of Vniting Scotland But yet I suppose it was more honour for her Majesty to have so important a piece of Scotland in her hand And the same with such Justice to render up Then it was for that worthy King to have advanced in such Forwardnesse the Conquest of that Nation And for King Edward 3. his Raign was visited with much Sicknesse and Mortality So as they reckoned in his dayes 3. severall Mortalities One in the 22. year Another in tâ—e 35. year And the last in the 43. year of his Raign And being otherwise Victorious and in Prosperity was by that onely Crosse more afflicted then he was by the other Prosperities comforted Besides he entred hardly And again according to the Verse Cedebant ultima primis His Latter Times were not so prosperous And for King Henry 5. as his Successe was wonderfull so he wanted Continuance Being extinguished after 10. years Raign in the Prime of his Fortunes Now for her Majesty we will first speak of the Blessing of Continuance as that which wanted in the Happiest of these Kings And is not only a great favour of God unto the Prince but also a singular Benefit unto the People For that Sentence of the Scripture Misera Natio cùm multi sunt principes eius is interpreted not only to extend to Divisions and Distractions in Government but also to Frequent Changes in Succession Considering that the Change of a Prince bringeth in many Charges which are Harsh and Vnpleasant to a great part of Subjects It appeareth then that of the Line of Five hundred and fourescore years and more containing the Number of 22. Kings God hath already prolonged her Majesties Raign to exceed sixteen of the said Two and Twenty And by the end of this present year which God prosper she shall attain to be equall with two more During which time there have deceased four Emperours As many French Kings Twice so many Bishops of Rome Yea every State in Christendome except Spain have received sundry Successions And for the King of Spain he is waxed so infirm and thereby so Retired as the Report of his Death serveth for every years News whereas her Majesty Thanks be given to God being nothing decayed in vigor of Health and strength was never more able to supply and sustain the weight of her Affairs And is as far as standeth with the Dignity of her Majesties Royall State continually to be Seen to the great comfort and Hearty Ease of her People Secondly we will mention the Blessing of Health I mean generally of the People which was wanting in the Raign of another of these Kings which else deserved to have the second place in Happinesse which is one of the great Favours of God towards any Nation For as there be three Scourges of God War Famine and Pestilence so are there three Benedictions Peace Plenty and Health Whereas therefore this Realm hath been visited in times past with sundry kinds of Mortalities as Pestilences Sweats and other Contagious Diseases it is so that in her Majesties Times being of the continuance aforesaid there was only towards the Beginning of her Raign some Sicknesse between Iune and February in the Citty but not dispersed into any other paâ—t of the Realm as was noted which we call yet the Great Plague Because that though it was nothing so Grievous and so Sweeping as it hath been sundry times heretofore yet it was great in respect of the Health which hath followed since Which hath been such especially of late years as we began to dispute and move Questions of the Causes whereunto it should be ascribed Untill such time as it pleased God to teach us that we ought to ascribe it onely to his Mercy By touching us a little this present year but with a very Gentle Hand And such as it hath pleased him since to remove But certain it is for so many years together notwithstanding the great Pestering of people in Houses The great Multitude of Strangers and the sundry Voiages by Seas All which have been noted to be Causes of Pestilence The Health Vniversall of the People was never so good The third Blessing is that which all the Politick and Fortunate Kings before recited have wanted That is Peace For there was never Forreiner since her Majesties Raign by Invasion or Incursion of Moment that took any footing within the Realm of England One Rebellion there hath been onely but such an one as was repressed within the space of seven weeks And did not wast the Realm so much as by the Destruction or Depopulation of one poor Town And for wars abroad taking in those of Leeth those of New-Haven the second Expedition into Scotland the wars of Spain which I reckon from the year 86 or 87 before which time neither had the King of Spain withdrawn his Embassadours here residing neither had her Majesty received into protection the united Provinces of the Low Countries And the Aid of France They have not occupied in time a third part of her Majesties Râ—ign Nor consumed past two of â—y Noble House whereof France took one and Flanders another And very few besides of Quality or Appearance They have scarce mowed down the overcharge of the People within the Realm It is therefore true that the Kings aforesaid and others her Maiâ—sties Progenitours have been Victorious in their Wars And have made many Famous and Memorable Voyages and Expediâ—tions into sundry parts And that her Majesty contrarywise from the bginning put on a firm Resolution to content her self within those Limits of her Dominions which she received And to entertain Peace with her Neighbour princes which Resolution she hath ever since notwithstanding she hath haâ— Rare Opportunities Iust Claims and pretences and great and mighty Means sought to continue But if this be objected to be the lesse Honourable Fortune I answer that ever amongst the Heathen who held not the Expence of Blood so precious as Christians ought to do The peaceable Government of Augustus Caesar was ever as highly esteemed as the Victories of Iuliuâ— his Uncle and that the Name of Pater Patriae was ever as Honourable as that of propagator Imperii And this I
nevertheless an extra-ordinary Grace in telling Truth of the Time to come Or as if the Effect of the Popes Curses of England were upon better Ad-vise adjourned to those dayes It is true it will be Misery enough for this Realm whensoever it shall be to leese such a Soveraign But for the rest we must repose our selves upon the good pleasure of God So it is an unjust Charge in the Libeller to impute an Accident of State to the Fault of the Government It pleaeth God sometimes to the end to make Men depend upon him the more to hide from them the clear sight of future Events And to make them think that full of Vncertainties which proveth Certain and Clear And sometimes on the other side to crosse Mens expectations and to make them full of Difficulty and Perplexity in that which they thought to be Easie and Assured Neither is it any New Thing for the Titles of Succession in Monarchies to be at Times lesse or more declared King Sebastian of Portugall before his Journey into Affrick declared no Successor The Cardinall though he were of extream Age and were much importuned by the King of Spain and knew directly of 6. or 7. Competitours to that Crown yet he rather established I know not what Interims then decided the Titles or designed any certain Successor The Dukedome of Ferrara is at this Day after the Death of the Prince that now liveth uncertain in the point of Succession The Kingdom of Scotland hath declared no Successor Nay it is very rare in Hereditary Monarchies by any Act of State or any Recognition or Oath of the People in the Collaterall Line to establish a Successor The Duke of Orleans succeeded Charles the 8th of France but was never declared Successor in his time Monsieur d' Angoulesme also succeeded him but without any Designation Sonnes of Kings themselves oftentimes through desire to raign and to prevent their Time wax dangerous to their Parents How much more Cousens in a more Remote Degree It is lawfull no doubt and Honourable if the Case require for Princes to make an establishment But as it was said it is rarely practised in the Collaterall Line Trajan the best Emperor of Rome of an Heathen that ever was At what time the Emperours did use to design Sucessours Not so much to avoid the Vncertainty of Succession as to the end to have Participes Curarum for the present Time because their Empire was so vast At what Time also Adoptions were in use and himself had been Adopted yet never designed a Successour but by his Last Will and Testament Which also was thought to be suborned by his Wife Plotina in the Favour of her Lover Adrian You may be sure That nothing hath been done to prejudice the Right And there can be but one Right But one thing I am perswaded of that no King of Spain nor Bishop of Rome shall umpire nor promote any Beneficiary or Feodatory King as as they designed to do Even when the Scottish Queen lived whom they pretended to cherish I will not retort the matter of Succession upon Spain but use that Modesty and Reverence that belongeth to the Majesty of so great a King though an Enemy And so much for this Third Branch The Fourth Branch he maketh to be touching the Overthrow of the Nobility And the Oppression of the People wherein though he may percase abuse the Simplicity of any Forreiner yet to an English Man or any that heareth of the present Condition of England he will appear to be a Man of singular Audacity and worthy to be employed in the defence of any Paradox And surely if he would needs have defaced the generall State of England at this time he should in wisdome rather have made some Friarly Declamation against the Excesse of Superfluity and Delicacy of our Times then to have insisted upon the Misery and Poverty and Depopulation of the Land as may sufficiently appear by that which hath been said But neverthelesse to follow this Man in his own steps First concerning the Nobility It is true that there have been in Ages past Noblemen as I take it both of greater Possessions and of greater Command and Sway then any are at this day One Reason why the possessions are lesse I conceive to be because certain Sumptuous Veins and Humours of Expence As Apparell Gaming Maintaining of a kind of Followers and the like Do raign more then they did in times past Another Reason is because Noblemen now a dayes do deal better with their younger Sons then they were accustomed to do heretofore whereby the principall House receiveth many Abatements Touching the Command which is not indeed so great as it hath been I take it rather to be a Commendation of the Time then otherwise For Men were wont factiously to Depend upon Noblemen whereof ensued many Partialities and Divisions besides much Interruption of Iustice while the great Ones did seek to bear out Those that did depend upon them So as the Kings of this Realm finding long since that kind of Commandement in Noblemen Vnsafe unto their Crown and Inconvenient unto their People thought meet to restrain the same by Provision of Lawes whereupon grew the Statute of Reteiners So as men now depend upon the Prince and the Lawes and upon no other A Matter which hath also a Congruity with the Nature of the Time As may be seen in other Countries Namely in Spain where their Grandees are nothing so Potent and so absolute as they have been in Times past But otherwise it may be truly affirmed that the Rights and preheminences of the Nobility were never more duly and exactly preserved unto them then they have been in her Majesties Times The Precedence of Knights given to the younger Sons of Barons No Subpena's awarded against the Nobility out of the Chancery but Letters No Answer upon Oath but upon Honour Besides a Number of other Priviledges in Parliament Court and Countrey So likewise for the Countenance of her Majesty and the State in Lieutenancies Commissions Offices and the like there was never a more Honourable and Gracefull Regard had of the Nobility Neither was there ever a more Faithfull Remembrancer and exacter of all these particular preheminences unto them Nor a more Diligent Searcher and Register of their Pedegrees Alliances and all Memorialls of Honour then that MAN whom he chargeth to have overthrown the Nobility Because a few of them by immoderate Expence are decayed according to the Humor of the time which he hath not been able to resist no not in his own House And as for Attainders there have been in 35 years but Five of any of the Nobility whereof but Two came to Execution and one of them was accompanied with Restitution of Blood in the Children Yea all of them except Westmerland were such as whether it were by Favour of Law or Government their Heirs have or are like to have a great Part of their Possession And so much
if it wâ—re but by Surviving alone though he had no other Excellency One that hath passed the Degrees of Honour with great Travell and long Time which quencheâ—h alwayes Envy except it be joyned wâ—th extreme Malice Then it appeareth manifestly to be but a Brick wall at Tennis to make the Defamation and Hatred rebound from the Counsellour upon the Prince And assuredly they be very simple to think to abuse the VVorld with those Shifts Since every Child can tell the Fable That the VVolfs Malice was not to the Shepherd but to his Dog It is true that these Men have altred their Tune twice or thrice when the Match was in Treating with the Duke of Anjou they spake Honey as to her Majesty All the Gall was uttered against the Earl of Leicester But when they had gotten Heart upon the Expectation of the Invasion they changed stile and disclosed all the Venome in the World immediately against her Majâ—sty what New Hope hath made them return their Sinons Note in teaching Troy how to save it self I cannot tell But in the mean time they do his Lordship much Honour For the more despitefully they inveigh against his Lordship the more Reason hath her Majesty to trust him and the Realm to honour him It was wont to be a Token of scarce a good Liedgeman when the Enemy spoiled the Countrey and left any particular Mens Houses or Fields unwasted 6. Certain true generall Notes upon the Actions of the Lord Burleigh BUT above all the rest it is a strange Fancy in the Libeller that he maketh his Lordship to be the Primum Mobile in every Action without Distinction That to him her Majesty is Accomptant of her Resolutions That to him the Earl of Leicâ—ster and Mr. Secretary Walsingham both Men of great Power and of great wit and understanding were but as Instruments whereas it is well knownn that as to her Majesty there was never a Counseller of his Lordships long Continuance that was so applyable to her Majesties Princely Resolutions Endeavouring alwayes after Faithfull Propositions and Remonstrances and these in the best words and the most Gratefull Manner to rest upon such Conclusions as her Majesty in her own wisdome determineth and them to execute to the best So far hath he been from Contestation or drawing her Majesty into any his own Courses And as for the Forenamed Counsellours and others with whom his Lordship hath consorted in her Majesties service It is rather true that his Lordship out of the Greatnesse of his Experience and Wisdome And out of the Coldnesse of his Nature hath qualified generally all Hard and Extreame Courses as far as the Service of her Majesty and the Safety of the State the Making himself compatible with those with whom he served would permit So far hath his Lordship been from inciting others or running a full Course with them in that kind But yet it is more strange that this Man should be so absurdly Malitious as he should charge his Lordship not onely with all Actions of State but also with all the Faults and Vices of the Times As if Curiosity and Emulation have bred some Controversies in the Church Though thanks be to God they extend but to outward Things As if Wealth and the Cunning of Wits have brought forth Multitudes of Suits in Law As If Excesse in Pleasures and in Magnificence joyned with the unfaithfulnesse of Servants and the Greedinesse of Monied Men have decayed the Patrimony of many Noble Men and others That all these and such like Conditions of the Time should be put on his Lordships accompt who hath been as far as to his Place appertaineth a most Religious and Wise Moderator in Church Matters to have Vnity kept who with great Iustice hath dispatched infinite Causes in Law that have orderly been brought before him And for his own Example may say that which few Men can say but was sometime said by Cephalus the Athenian so much Renowned in Plato's Works who having lived near to the age of an 100 years And in continuâ—ll Affairs the Businesse was wont to say of Himself That he never sued any neither had been sued by any Who by reason of his Office hath preserved many Great Houses from Overthrow by relieving sundry Extremities towards such as in their Minority have been circumvented And towards all such as his Lordship might advise did ever perswade Sober and Limited Expence Nay to make Proof further of his Contented Manner of Life free from Suits and Covetousnesse as he never sued any Man so did he never raise any Rent or put out any Tenant of his own Nor ever gave consent to have the like done to any of the Queens Tenants Matters singularly to be noted in this Age. But however by this Fellow as in a False Artificiall Glasse which is able to make the best Face Deformed his Lordships Doings be set forth yet let his Proceedings which be indeed his own be indifferently weighed and considered And let Men call to Mind that his Lordship was never a violent and Transported Man in Matters of State but ever Respective and Moderate That he was never Man in his particular a Breaker of Necks no heavy Enemy but ever Placable and Mild That he was never a Brewer of Holy water in Court no Dallier no Abuser but ever Reall and Certain That he was never a Bearing Man nor Carrier of Causes But ever gave way to Iustice and Course of Law That he was never a Glorious Wilfull Proud Man but ever Civill and Familiar and good to deal withall That in the Course of his Service he hath rather sustained the Burthen then sought the Fruition of Honour or Profit Scarcely sparing any time from his Cares and Travailes to the Sustentation of his Health That he never had nor sought to have for Himself and his Children any Penny-worth of Lands or Goods that appertained to any attainted of any Treason Felony or otherwise That he never had or sought any kind of Benefit by any Forfeiture to her Majesty That he was never a Factious Commender of Men as he that intended any waies to besiege Her by bringing in Men at his Devotion But was ever a true Reporter unto her Majesty of every Mans Deserts and Abilities That he never took â—he Course to unquiet or offend no nor exasperate her Majesty but to content her mind and mitigate her Displeasure That he ever bare Himself reverently and without Scandall in Matters of Religion and without blemish in his Private Course of Life Let Men I say without Passionate Mallice call to mind these Things And they will think it Reason that though he be not canonized for a Saint in Rome yet he is worthily celebrated as Pater Patriae in England And though he be Libelled against by Fugitives yet he is prayed for by a Multitude of good Subjects Aud lastly though he be envied whilest he liveth yet he shall be deeply wanted when he is gone And assuredly many
Vnitâ—g of whose Hearts and Affectâ—ons is the Life and true End of this Work For the Ceremoniall Crowns the Question will be whether there shall be framed one new Imperiall Crown of Britain to be used for the times to come Also admitting that to be thought Convenient whether in the Frame thereof there shall not be some Reference to the Crowns of Ireland and France Also whether your Majesty should repeat or iterate your own Coronation and your Queens or onely ordain that such new Crown shall be used by your Posterity hereafter The Difficulties will be in the Conceit of sâ—me Inequaliâ—y whereby the Realm of Scotland may be thought to be made an Accession unto the Realm of England But that resteth in some Circumstances for the Compounding of the two Crowns is equall The Calling of the new Crown the Crown of Brittain is equall Onely the Place of Coronation if it shall be at Westminster which is the Ancient August and Sacred place for the Kings of England may seem to make an Inequality And again if the Crown of Scotland be discontinued then that Ceremony which I hear is used in the Parliament of Scotland in the absence of the Kings to have the Crowns carried in solemnity must likewise cease For the Name the main Question is whether the Contracted Name of Brittain shall be by your Majesty used or the Divided Names of England and Scotland Admitting there shall be an Alteration then the Case will require these Inferiour Questions First whether the Name of Brittain shall not onely be used in your Majesties Stile where the entire Stile is recited And in all other Forms the Divided Names to remain both of the Realms and of the People Or otherwise that the very Divided Nameâ— of Realms and People shall likwise be changed or turned into special or subdivided Names of the Generall Name That is to say for Example whether your Majesty in your Stile shall denominate your self King of Brittain France and Ireland c. And yet neverthâ—lesse in any Commission Writ or otherwise where your Majesty mentioneth England or Scotland you shall retain the ancient Names as Secundum Conâ—uetudinem Regni nostri Angliae or whether those Divided Names shall be for ever lost and taken away and turned into the subdivisions of South-Britain and North-Britain and the People to be South-Brittains and North-Brittains And so in the Example aforesaid the Tenour of the like clause to run Secundum Consuetudinem Britanniae Australis Also if the former of these shall be thought convenient whether it were not better for your Majesty to â—ake that Alteration of Stile upon you by Proclamation as Edward the third did the Stile of France then to have it enacted by Parliament Also in the Alteration of the Stile whether it were not better to transpose the Kingdom of Ireland and put it immediatly after Britain and so place the Islands together And the Kingdom of France being upon the Continent last In regard that these Islands of the Western Ocean seem by Nature and Providence an entire Empire in themselves And also that there was never King of England so entirely possest of Ireland as your Majesty is So as your Stile to run King of Britain Ireland and the Islands Adjacent and of France c. The Difficulties in this have been already throughly beaten over but they gather but to two Heads The one Point of Honour and Love to the former Names The other Doubt lest the Alteration of the Name may induce and involve an Alteration of the Lawes and Pollicies of the Kingdom Both which if your Majesty shall assume the Stile by Proclamation and not by Parliament are in themselves satisfied For then the usuall Names must needs remain in Writs and Records The Formes whereof cannot be altered but by Act of Parliament And so the point of Honour satisfied And again your Proclamation altereth no Law And so the Scruple of a tacite or implyed Alteration of Lawes likewise satisfied But then it may be considered whether it were not a Form of the greatest Honour if the Parliament though they did not enact it yet should become Suiters and Petitioners to your Majesty to assume it For the Seales That there should be but one Great Seal of Britain and one Chanceller And that their should only be a Seal in Scotland for Processes and ordinary Iustice And that all Patents of Graunts of Lands or otherwise as well in Scotland as in England should passe under the Great Seal here kept about your Person It is an Alteration internall whereof â— do not now speak But the Question in this Place is whether the Great Seales of England and Scotland should not be changed into one and the same Form of Image and Superscription of Britain which Neverthelesse is requisite should be with some one plain or manifest Alteration lest there be a Buz and suspect that Grants of Things in England may be passed by the Seal of Scotland Or è converso Also whether this Alteration of Form may not be done without Act of Parliament as the Great Seales have used to be heretofore changed as to their Impressions For the Moneys as to the Reall and Internall Consideration thereof the Question will be whether your Majesty should not continue two Mints which the Distance of Territory considered I suppose will be of Necessity Secondly how the Standards if it be not already done as I hear some doubt made of it in popular Rumour may be reduced into an Exact proportion for the time to come And likewise the Compuâ—ation Tale or Valuation to be made exact for the Moneys already beaten That done the last Question is which is onely proper to this place whether the Stamp or the Image and Superscription of Britain for the time forwards should not be made the self same in both places without any Difference at all A Matter also which may be done as our Law is by your Majesties Prerogative without Act of Parliament These Points are Points of Demonstration Ad faciendum populum But so much the more they go to the Root of your Majesties Intention which is to imprint and inculcate into the Hearts and Heads of the People that they are one People and one Nation In this kind also I have heard it passe abroad in Speech of the Erection of some new Order of Knighthood with a Reference to the Vnion and an Oath appropriate thereunto which is a Point likewise deserveth a Consideration So much for the Externall Points The Internall Points of Separation are as followeth 1. Severall Parliaments 2. Severall Councels of Estate 3. Severall Officers of the Crown 4. Severall Nobilities 5. Severall Lawes 6. Severall Courts of Iustice Trialls and Processes 7. Severall Receipts and Finances 8. Severall Admiralties and Merchandizings 9. Severall Freedomes and Liberties 10. Severall Taxes and Imposts As touching the Severall States Ecclesiasticall and the severall Mints and Standards and the severall Articles
Person But they that could use occasions which was not in me to let and amplifie Occasions and practise Occasions to represent to her Majesty a Necessity to bring me to the one can and will do the like to stop me from the other You say my Errours were my Prejudice and therefore I can mend my Self It is true But they that know that I can mend my Self And that if ever I recover the Queen that I will never loose her again will never suffer me to obtain Interest in her favour And you say the Queen never forsook utterly where she inwardly favoured But I know not whether the Hour-glasse of time hath altered her But sure I am The false Glasse of others Informations must alter her when I want accesse to plead mine own Cause I know I ought doubly to be her Majesties Both Iure Creationis For I am her Creature And Iure Redemptionis For I know she hath saved me from Overthrow But for her first Love and for her last Protection and all her great Benefits I can but pray for hâ—r Majesty And my Endeavours are now to make my Prayers for her Majesty and my Self better heard For thanks be to God they that can make her Majesty beleeve I counterfeit with her cannot make God beleeve that I counterfeit with him And they which can let me from comming near unto her cannot let me from drawing near unto him as I hope I doe daily For your Brother I hold him an honest Gentleman and wish him all good Much rather for your Sake Your self I know hath suffered more for me than any Friend I have But I cannot but lament freely as you see I do And advise you not to doe that which I doe which is to despair You know Letters what hurt they have done me And thereâ—ore make sure of this And yet I could not as having no other Pledge of my Love but communicatâ— freely with you for the Ease of my Heart and yours A Letter to Mr. Secretary Cecill after the Defeating of the Spanish Forces in Ireland Inciting him to emâ—race the Care of Reducing that Kingdom to Civility with some reasons sent enclosed It may please your Honour AS one that wisheth you all Encrease of Honour And as one that cannot leave to love the State what Interest soever I have or may come to have in it And as one that now this dead Vacation time hath some Leisure ad aliud agendum I will presume to propound unto you that which though you cannot but see yet I know not whether you apprehend and esteem it in so high a degree That is for the best Action of Importation to your self Of sound Honour and Merit to her Majesty and this Crown without Ventosity and Popularity that the Riches of any Occasion or the Tide of any Opportunity can possibly minister or offer And that is the Causes of Ireland if they be taken by the right Handle For if the Wound be not ripped up again and come to a Recrudency by new Forein Succours I think that no Physician will goe on much with letting Bloud In Declinatione Morbi But will intend to Purge and Corroborate To which purpose I send you mine Opinion without Labour of Words in the Enclosed And sure I am that if you shall enter into the matter according to the Vivacity of your own Spirit nothing can make unto you a more gainfull return For you shall make the Queens Felicity compleat which now as it is is incomparable And for your Self you shall shew your self as good a Patriot as you are thought a Politick And make the World perceive you have not lesse Generous Ends than Dexterous Delivery of your self towards your Ends And that you have as well true Arts Grounds of Government as the Facility Felicity of Practice and Negotiation And that you are as well seen in the Periods and Tides of Estates as in your own Circle and Way Than the which I suppose nothing can be a better Addition and Accumulation of Honour unto you This I hope I may in privatenesse write either as a Kinsman that may be bold or a Scholar that hath Liberty of Discourse without Committing any Absurdity But if it seem any Error in me thus to intromit my self I pray your Honour beleeve I ever loved her Majesty and the State and now love your Self And there is never any vehâ—ment Love without some Absurdity As the Spaniard well sayes Desuario con la Calentura So desiring your Honours pardon I ever continue Considerations touching the Queens Service in IRELAND THe Reduction of that Country as well to Civility and Justice as to Obedience and Peace which things as Affairs now stand I hold to be Inseparable consisteth in 4. Points 1. The Extinguishing of the Relicks of the Warr. 2. The Recovery of the Hearts of the People 3. The Removing of the Root and Occasions of new Troubles 4. Plantations and Buildings For the first Concerning the Places and Times and Particularities of further Prosecution in fact I leave it to the Opinion of Men of VVarr Onely the Difficulty is to distinguish and discern the Propositions which shall be according to the Ends of the State here That is final and summary towards the Extirpation of the Troubles From those which though they pretend Publick Ends yet may referr indeed to the more Private and Compendious Ends of the Council there or the particular Governers or Captains But still as I touched in my Letter I doe think much Letting Bloud In Declinatione Morbi is against Method of Cure And that it will but enduce Necessity and exasperate Despair And percase discover the Hollownesse of that which is done already which now blazeth to the best show For Iaglia's and Prosâ—riptions of 2. or 3. of the principal Rebels they are no doubt Iure Gentium lawfull In Italy usually practiced upon the Banditi Best in season where a Side goeth down And may do good in two Kinds The one if they take Effect The other in the Distrust which may follow amongst the Rebells themselves But of all other points to my Understanding the most Effectual is the well Expressing or Impressing the Design of this State upon that miserable and desolate Kingdom Containing the same between these two Lists or Boundaries The one that the Queen seeketh not an Extirpation of that People but a Reduction And that now she hath chastised them by her Royal Power and Arms according to the Necessity of the Occasion Her Majesty taketh no pleasure in Effusion of Bloud or Displanting of Auncient Generations The other that hâ—r Maâ—esties Princely Care is principally and intentionally bent upon the Action of Ireland And that she seeketh not so much the Ease of Charge as the Royal performance of the Office of Protection and Reclaim of those her Subjects And in a word that the Case is altered so far as may stand with the Honour of the Time past And again I doe repeat that if
best So referring all to some time that I may attend you I commit you to Gods best preservation To my Lord of Essex My Lord I Am glad your Lordship hath plunged out of your own business Wherein I must commend your Lordship as Xenophon commended the State of his Country which was this That having chosen the worst Form of Government of all others they governed the best in that kinde Hoc Pace et Veniâ tuâ according to my Charter Now as your Lordship is my Witness that I would not trouble you whilst your own Cause was in hand Though that I know that the further from the Term the better the time was to deal â—or me So that being concluded I presume I shall be one of your next Cares And having communicated with my Brother of some course either to persit the first or to make me some other way Or rather by seeming to make me some other way to perfit the first wherewith he agreed to acquaint your Lordship I am desirous for mine own better satisfaction to speak with your Lordship my self Which I had rather were somewhere else than at Court And as soon as your Lordship well assign me to wait on you And so in c. To Sir Robert Cecil SIR YOur Honour knoweth my Manner is though it be not the wisest way yet taking it for the honestest to doe as Alexander did by his Physician In drinking the Medicine and delivering the Advertisement of Suspition So I trust on and yet do not smother what I hear I doe assure you Sir that by a wise Friend of mine and not factious toward your Honour I was told with asseveration that your Honour was bought by Mr. Coventry for 2000. Angels And that you wrought in a contrary spirit to my Lord your Father And he said further that from your Servants from your Lady from some Counsellours that have observed you in my business he knew you wrought under hand against me The truth of which Tale I doe not believe you know the Event will shew and God will right But as I reject this Report though the Strangeness of my Case might make me credulous so I admit a Conceit that the last Messenger my Lord and your self used dealt ill with your Honours And that VVord Speculation which was in the Queens mouth rebounded from him as a Commendation For I am not ignorant of those little Arts. Therefore I pray trust not him again in my matter This was much to write but I think my Fortune will set me at liberty who am weary of asserviling my Self to every Mans charity Thus I c. To Sir John Stanhope SIR YOur good promises sleep which it may seem now no time to awake But that I doe not finde that any general Kalender of Observation of time serveth for the Court And besides if that be done which I hope by this time is done And that other matter shall be done which we wish may be done I hope to my poor Matter the one of these great Matters may clear the way and the other give the occasion And though my Lord Treasurer be absent whose Health neverthelesse will enable him to be sooner at Court than is expected especially if this hard weather too hard to continue shall relent yet we abroad say his Lordships spirit may be there though his person be away Once I take for a good ground that her Majesties Business ought to keep neither Vacation nor Holyday either in the Execution or in the Care and preparation of those whom her Majesty calleth and usethâ— And therefore I would think no time barred from remembring that with such discretion and respect as appertaineth The Conclusion shall be to put you in minde to maintain that which you have kindly begun according to the Reliaunce I have upon the Sincerity of your Affection and the Soundnesse of your Judgement And so I commend you to Gods preservation To my Lord of Essex It may please your good Lordship I Am very sorry her Majesty should take my Motion to travail in offence But surely under her Majesties Royal Correction it is such an Offence as it should be an offence to the Sun when a Man to avoid the scorching heat thereof flyeth into the shade And your Lordship may â—asily think that having now these twenty years For so long it is and more since I went with Sir Amâ—as Paulett into Fraâ—ce from her Majesties royal Hand I made Her Majesties Service the Scope of my life I shall never finde a greater grief than this Relinquere Amorem Primum But since principia Actionum sunt tantùm in nostrâ potestate I hope her Majesty of her Clemency yea and Justice will pardon me and not force me to pine here with Melancholy For though mine Heart be good yet mine Eyes will be sore So as I shall have no pleasure to look abroad And if I should otherwise be affected her Majesty in her Wisdom will but think me an impudent Man that would face out a disgrace Therefore as I have ever found you my good Lord and true Friend so I pray open the matter so to her Majesty as she may discern the necessity of it without adding hard Conceit to her Rejâ—ction Of which I am sure the latter I nevâ—r deserved Thus c. To the Lord Treasurer It may please your good Lordship I Am to give you humble Tâ—anks for your favourablr opinion which by Mr. Secretaries report I finde you conceive of me for the obtaining of a good place which some of my honourable Friends have wished unto me Nec Opinanti I will use no reason to perswade your Lordships Mediation but this That your Lordship and my other Frends shall in this begg my life of the Queen For I see well the Barr will be my Beer as I must and will use it rather than my poor Estate or Reputation shall decay But I stand indiffâ—rent whether God call me or her Majesty Had I that in possession which by your Lordships onely means against the greatest opposition her Majesty graunted me I would never trouble her Majesty but serve her still voluntarily without pay Neither doe I in this more than obey my Friends Conceits as one that would not be wholly wanting to my Self Your Lordships good opinion doth somewhat confirm me as that I take comâ—ort in above all others Assuring your Lordship that I nâ—vâ—r thought so well of my Self for any one thing as that I have found a fitness to my Tâ—inking in my Self to observe and revereâ— your Vertues For the Continuance whereof in the prolonging of your dayes I will still be your Beadsman And accordingly at this time commend your Lordship to the Divine Protection To Foulk Grevil SIR I Understand of your paines to have visited me For which I thank you My Matter is an endlesse Question I assure you I had said Requiesce anima mea But now I am otherwise put to my psalter Nolite confidere I dare go no
was created without Forms The Second the Interim of Perfection of every Dayes Work Tâ—e Third by the Curse which notwithstanding was no new Creation And the Last at the End of the World the Manner whereof is not yet fully revealed So as the Lawes of Nature which now remain and govern inviolably till the end of the World began to be in force when God first rested from his Works and ceased to create But received a Revocation in part by the Curse Since which Time they change not That notwithstanding God hath rested and ceased from Creating since the first Sabbath yet neverthelesse he doth accomplish and fulfill his Divine VVill in all Things great and small singular and generall as fully and exactly by Providence as he could by Miracle and new Creation Though his working be not immediate and direct but by compass Not violating Nature which is his own Law upon the Creature That at the first the Soul of Man was not produced by Heaven or Earth but was breathed immediately from God So that the Wayes and proceedings of God with Spirits are not included in Nature That is in the Lawes of Heaven and Earth But are reserved to the Law of his secret Will and Grace wherein God worketh still and resteth not from the Work of Redemption as he resteth from the Work of Creation But continueth working till the end of the VVorld What time that Work also shall be accomplished and an eternal Sabbath shall ensue Likewise that whensoever God doth transcend the Law of Nature by Miracles which may ever seem as new Creations He never commeth to that point or pass but in regard of the work of Redemption which is the greater and whereto all Gods Signes and Miracles doe referr That God created Man in his own Image in a Reasonable Soul in Innocency in Free-will and in Soveraignty That he gave him a Law and Commandement which was in his power to keep but he kept it not That Man made a total Defection from God presuming to imagine that the Commandements and Prohibitions of God were not the Rules of Good and Evil But that Good and Evil had their own principles and beginnings And lusted after the Knowledge of those imagined Beginnings To the end to depend no more upon Gods will revealed but upon himself and his own Light as a God Than the which there could not be a Sinne more opposite to the whole Law of God That yet neverthelesse this great Sinne was not originally moved by the Malice of Man but was insinuated by the Suggestion and Instigation of the Devil who was the First Defected Creature and fell of Malice and not by Temptation That upon tâ—e Fall of Man Death and Vanity enter'd by the Iustice of God And the Image of God in Man was defaced And Heaven and Earth which were made for Mans use were subdued to Corruption by his Fall But then that instantly and without Intâ—rmission of Time after the Word of Gods Law became through the Fall of Man frustrate as to obedience there succeeded tâ—e greater Word of the Promise that the Righteousness of God mought be wrought by Faith That as well the Law of God as the Word of his Promise endure the sameâ—for ever But that they have been râ—vealed in several mannâ—rs according to the Diâ—pensation of Times For the Law was â—irst imprinted in that Remnant of Light of Nature which was left after the Fall being sufficient to accuse Then it was more manifestly expressed in the written Law And was yet more opened by the Prophets And lastly expounâ—ed in the true perfection by the Son of God the great Prophet and perfect Interpreter as also Fulfiller of the Law That likewise the Word of the Promise was manifested and revealed First by immediate Revelation and Inspiration After by Figures which were of two Natures The one the Rites and Ceremonies of the Law The other the Continual History of the Old World and Church of the Iewes which though it be literally True yet is it pregnant of a perpetual Allegory and shadow of the Work of the Redemption to follow The same Promise or Euangile was more clearly revealed and declared by tâ—e Prophets And then by the Son himself And lastly by the Holy Ghost which illuminateth the Church to the end of the World That in the Fulness of Time according to the Promise and Oath of a chosen Lignage deâ—cended the blessed Seed of the Woman Iesus Christ tâ—e onely begotten Son oâ— God and Saviour of the World who was conceived by the Power and Overshadowing of the Ghoâ—tâ— And took Flesh of the Virgin Mary That the Word did not onely take Flesh or was joyned to Flesh but was made Flesh though without Confusion of Substance or Nature So as the Eternal Son of God and the ever-blessed Son of Mary was one Person So one as the Blessed Virgin may be truly and Catholiquely called Deipara the Mother of God So one as there is no Unity in Universal Nature not that of the Soul and Body of Man so perfect For the three Heavenly Vnities wherâ—of that is the second exceed all Natural Vâ—iâ—ies That is to say The Vnity of the three Persons in Godhead The Vnity of â—od and Man in Christ And the Vnity of Christ and the Church the Hoâ—y Ghost being the Worker of both these latter Vnities For by the Holy Ghost was Christ Incarnate and quickned in Flesh And by the Holy Ghost is Man regenerate and quickned in Spirit That Iesus the Lord became in the Flesh a Sacrificer and Sacriâ—ice for Sin A Satisfaction and Price to the Iustice of God A Meriter of Glory and the Kingdom A Pattern of all Righteousness A Preacher of the Word which Himself was A Finisher of the Ceremony A Corner-Stone to remove the Separation between Iew and Gentile An Intercessour for the Church A Lord of Nature in his Miracles A Conquerer of Death and the Power of Darkness in his Resurrection And that he fulfilled the whole Counsel of God Performed all his Sacred Offices and Annoynting on Earth Accomplished the whole Work of the Redemption and Restitution of Man to a State Superiour to the Angels whereas the State of Man by Creation was Inferiour And reconciled and established all Things according to the Eternal VVill of the Father That in time Iesus the Lord was born in the dayes of Herod And suffered under the Government of Pontius Pilate being Deputy of the Romans And under the High Priesthood of Caiphas And was betrayed by Iudas one of the twelve Apostles And was crucified at Hierusalem And after a true and naturall Death and his Body layed in the Sepulchre the third day He raised Himself from the Bonds of Death and arose and shewed Himself to many chosen VVitnesses by the space of divers dayes And at the end of those dayes in the sight of many ascended into Heaven where he continueth his Intercession And shall from thence at the day appointed come in greatest